ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00048504

Parties:

	Complainant	Respondent
Parties	Rodger Gallahue	HSE

Representatives

Brian Hewitt Unite

Eamonn Ross

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00059499-001	19/10/2023

Date of Adjudication Hearing: 29/02/2024

Workplace Relations Commission Adjudication Officer: Conor Stokes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and two witnesses for the respondent undertook to give their evidence under affirmation.

Summary of Complainant’s Case:

The complainant submitted that he was not paid appropriately for working two public holidays (1 May and 7 August) during the six months prior to taking his compliant.

In evidence the complainant confirmed that he was paid 24 hours pay in respect of 1 May 2023 and was paid 16 hours in respect of the 7 August holiday.

Summary of Respondent’s Case:

The respondent submitted that the complainant was paid a daily rate of 8 hours for both bank holidays. It submitted that he was paid an additional 16 hours in respect of the public holiday on 1 May and an additional 8 hours in respect of the holiday on 7 August 2023.

Findings and Conclusions:

Section 21(1) of the Organisation of Working Time Act, states as follows:

21.—(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—

(a) a paid day off on that day,

(b) a paid day off within a month of that day,

(c) an additional day of annual leave,

(d) an additional day’s pay:

Provided that if the day on which the public holiday falls is a day on which the employee would, apart from this subsection, be entitled to a paid day off this subsection shall have effect as if paragraph (a) were omitted therefrom.

The evidence of the complainant is that he was paid on the dates under consideration in accordance with the provision of Section 21(1). Accordingly, I find that the complaint is not well founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Having regard to written and oral submissions made in relation to this complaint, my decision is that the complaint is not well founded.

Dated: 29th February 2024

Workplace Relations Commission Adjudication Officer: Conor Stokes

Key Words:

Organisation of Working Time Act – Public Holidays – provision complied with – not well founded