Complainant

Respondent

Parties

Minodora  Pit

Les Byrne T/a El Vino

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-Represented

 Non-Attendance

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-00061667-001

20/02/2024

The Complainant was employed as a server with the Respondent restaurant which closed on 31 August 2023. She was originally employed on 38 hours per week from August 2020, but these hours were reduced  over time. From 1 January 2023 she worked a 15-hour week at a rate of €12.44 per hour to the date of termination of contract. (Wage slips were exhibited by the Complainant). The Complaint submits that she was not properly paid her bank holidays entitlement. The Respondent did not attend the hearing.

The Complainant gave evidence that  on the 11 September 2023 she  received an email with a pdf document regarding the bank holidays hours which stated that the Respondent  overpaid her 47.25 hours. She checked her  payslips and on 6 October 2023 she  sent the Respondent an email with the correct bank holiday hours which  stated that the Respondent  actually owned her 14 hours. The Complainant stated that the Respondent had admitted his mistake.

The Respondent did not attend the hearing and I am reasonably satisfied that notice for attendance was sent to the addresses supplied in this complaint

Section 21 of the Organisation of Working Time  Act 1997 (“the Act”)  provides as follows:

(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:

Section 27(3) of the Act states:

(3) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the relevant provision,

(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 2 years remuneration in respect of the employee's employment.

The Complainant gave evidence that she was denied 14 hours in public holiday pay  but there was attempt instead to bill her for 47.25 hours. This was admitted as a mistake only after she had queried it. Given the circumstances as described and in line with 27(3)(c) of the Act, I find that the complaint is well founded and I award the Complainant compensation of four  weeks’  pay which amounts  to  €750, which I believe is just and equitable having regard to all the circumstances in this case.

For the reasons outlined above, and in line with section 27 of the Organisation of Working Time Act 1997, I find that the complaint was well founded, and I award the Complainant the compensatory sum of €750.

Organisation of Working Time Act 1997, Public Holidays.