ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052810
Parties:
| Complainant | Respondent |
Parties | Nora Filmus | Eddie Rockets (Irl) Ltd |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | In person | HR Manager |
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-00064616-001 | 05/07/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00064616-002 | 05/07/2024 |
Date of Adjudication Hearing: 09/10/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed as a member of the Respondent’s restaurant waiting staff. Employment commenced on 22nd March 2024 and ended on 12th July 2024. The Complainant worked on average 30 hours per week and was paid €12.70 per hour increasing to €13.70 for hours worked on Sundays. This complaint was received by the Workplace Relations Commission on 5th July 2024. |
Summary of Complainant’s Case:
CA – 00064616 – 001 The complainant contends that she was not paid the correct premium for hours worked on Sundays. CA – 00064616 – 002 The complainant contends that she was not paid correctly for hours worked on Public Holidays. |
Summary of Respondent’s Case:
The Representative for the Responded summarised the employment contract issued to and signed by the Complainant at the commencement of employment. Point 4 of said contract includes the following: The rate of pay is €12.70 per hour. Hours worked on Sunday will be paid at a rate of €13.70 per hour…. Point 10 of said contract includes the following: Public Holidays will be given in accordance with the Organisation of Working time Act, 1997. |
Findings and Conclusions:
During her period of employment, the Complainant worked a total of 7 Sundays and also worked on 3 Public Holidays. From payslips produced at the hearing I am satisfied that the contractual rate of pay for Sundays was paid to the Complainant. In relation to public holidays, section 21 of the Organisation of Working Time Act states the following: 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 one month of that day c) an additional day of annual leave d) an additional days pay. In the instant case the employer has elected to pay an additional days pay. I am satisfied that the Respondent is fully compliant on this point. Having considered the complaint as presented I must find that it is not well founded and therefore fails. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having considered the complaint as presented I must find that it is not well founded and therefore fails. |
Dated: 15th of October 2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
OWT Act. |