Adjudication Reference: ADJ-00050734
Parties:
| Complainant | Respondent |
Parties | Maria Claudia Rocha | BNY Mellon |
Representatives | Self-represented | Kevin Bell, BL |
Complaint:
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-00062124-001 | 11/03/2024 |
Date of Adjudication Hearing: 28/08/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and Section 27 of the Organisation of Working Time Act 1997 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:
The complaint is that the Respondent failed to apply the provisions of the Act in respect of public holidays.
Summary of Complainant’s Case:
On her complaint form, received by the WRC on 11 March 2024, the Complainant stated that she was not paid for the October 2023 public holiday.
Summary of Respondent’s Case:
The Respondent submits that the payment for the October 2023 and February 2024 public holidays were paid to the Complainant in April 2024 and May 2024 salaries.
Findings and Conclusions:
Time period cognisable – The applicable law Section 41 (6) of the Workplace Relations Act 2016 provides: “Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. The complaint was received on 11 March 2024. The time period cognisable therefore is from 12 September 2023 to 11 March 2024. Within that period there were 2 public holidays. Section 21 of the Act provides: “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—
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 Respondent provided payslips demonstrating that the Complainant received payment for the October 2023 and February 2024 public holidays. I note that payment for these was not paid to the Complainant until her April and May 2024 salaries. However, as the payment was made, albeit late, I find the complaint to be not well founded. | ||||
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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.
I have decided that the complaint is not well founded.
Dated: 25/10/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Public holidays, complaint not well founded. |