Complainant

Respondent

Parties

Gift  Alex Aghafekokhian

ICTS (Ireland) Limited

Representatives

  In person

 Peninsula Business Services Ireland

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)

CA-00068252-001

19/12/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068252-002

25/03/2025

The complainant, following a transfer of undertakings, has been employed by the respondent since on or about 10th April 2023. The complaints relate to assertions by the complainant that her new employer (the transferee) did not apply the correct rate of pay to her employment since the rates of pay applicable to the Security Industry increased in July 2024. A second complaint submitted on 25th March 2025 relates to the calculation of the complainant’s annual leave entitlement.

Note: The respondent stated that the complaint relating to annual leave entitlements had not been included in the notification letter relating to the adjudication hearing. However, notwithstanding this point, the respondent was aware of the correspondence on the issue and had included its position on this complaint within its submissions on the original complaint.

CA-00068252-001 – Rate of pay complaint

The complainant contends that her employer has not paid her correctly in respect of increases to the minimum rates of pay for the Security Industry that increased from €12.90 per hour to €14.50 per hour in July 2024. The complainant’s position is that failing to review her salary in line with the increases under the ERO was a breach of her contract of employment.

CA-00068252-002 – Annual Leave entitlements

The complainant states that she is entitled to 20 days of annual leave in accordance with the provisions of Section 19 of the Organisation of Working Time Act, 1997. The complainant contends that receiving 16 days of annual leave is a breach of her employment rights, given that she works full time for the respondent.

CA-00068252-001 – Rate of pay complaint

The respondent contends that the complainant was, at all times, paid more than the minimum rates of pay set down by the Security Industry ERO. At the material time, the complainant was paid €14.85 per hour and an additional €0.65 in respect of site allowance. The respondent does not accept that an increase in the ERO rate would result in an increase to the complainant as she was already paid more than the minimum rates applicable.

CA-00068252-002 – Annual Leave entitlements

The respondent’s position on that issue is that the complainant is in receipt of the correct annual leave entitlements. The respondent stated that the complainant’s annual leave is correctly calculated because of her working week of 4 x 12-hour shifts and that she receives four of her working weeks of annual leave.

CA-00068252-001 – Rate of pay complaint

I have reviewed the documentation of the parties in relation to the complaint. Within the cognisable period of the complaint (20/06/2024-19/12/2024) the complainant was paid a basic hourly rate of pay that was above the minimum rate set out in the Security Industry ERO. The complainant was then in receipt of an additional payment of €0.65 in respect of a site allowance. In my view, an increase in the minimum rate of pay under the ERO in July 2024 would not require an increase to be paid to the complainant. From the documentation submitted, there is no contractual entitlement to an increase in pay at the same level as increases that apply to the ERO rate. On that basis, I find that the respondent did not breach the complainant’s employment rights regarding her hourly rate of pay. Accordingly, the complaint is not well founded.

CA-00068252-002 – Annual Leave entitlements

The complainant works full time for the respondent. She works 48 hours per week over four days. The complainant contends that she is entitled to 20 days of annual leave because of her full-time employment status. The respondent stated that the complainant is in receipt of the correct holiday entitlements as she gets four weeks of annual leave per year, which is four of the complainant’s own working weeks of four 12-hour days. Having considered the matter, I find that the respondent has correctly applied the legislation in respect of the complainant’s annual leave entitlements, and the complaint is not well founded.

CA-00068252-001 – Rate of pay complaint

For the reasons stated above, I find that the complaint is not well founded.

CA-00068252-002 – Annual Leave entitlements

For the reasons stated above, I find that the complaint is not well founded.

Security ERO, Rates of Pay, Annual Leave entitlements