ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050262
Parties:
| Complainant | Respondent |
Parties | Sahbi Akrouti | RHK Portlaoise Limited t/a The Make Mark (amended at the hearing) |
Representatives | Self-Representative | Jason Murray BL instructed by O’Connor LLP |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006 | CA-00061530-001 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00061530-002 | 07/02/2024 |
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-00061530-003 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061530-004 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00061530-005 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061530-006 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061530-007 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061530-008 | 07/02/2024 |
Date of Adjudication Hearing: 07/08/2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant gave evidence on affirmation.
Mr. Robert Kavanagh gave evidence on behalf of the Respondent. Submissions were received and relied upon at the hearing by the Respondent.
It was advised by the Respondent that the name of the Respondent changed to RHK Portlaoise Limited with the same registered business address. It has been amended accordingly.
The Complainant also brought complaints against The Bog Inn Limited in a linked decision ADJ-00052804 |
Summary of Complainant’s Case:
The Complainant stated that he commenced employment on 2 February 2022 until 20 August 2023 as a Chef. It was his evidence that he earned a weekly gross wage of €670. He accepted his employer was Narrabri Limited following a transfer from the Respondent in August 2022. Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006 CA-00061530-001 The complaint was withdrawn at the hearing by the Complainant. Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 CA-00061530-002 It was the Worker’s submission that it was his understanding that Employment Regulation Order on public holidays applied to his employment. 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-00061530-003 It was the Complainant’s evidence that his terms and conditions of employment did not transfer. The Complainant accepted he did not dispute the transfer at the time of the transfer. He stated that he recalled a staff meeting but he did not receive a written contract from his new employer, the Respondent. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-004 It was the Complainant’s evidence that he did not receive a Sunday premium despite working regularly on a Sunday. Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00061530-005 The Complainant’s evidence he resigned from his position and gave two weeks’ notice. However, he was not paid from 9 August until 20 August 2023. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-006 It was the Complainant’s evidence that he only received 2 weeks annual leave between 2 February 2022 to 20 August 2023 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-007 It was the Complainant’ s evidence he did not receive his public holiday entitlement. He stated the last public holiday entitlement he was paid for was in October 2022. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-008 It was the Complainant’ s evidence he did not receive his public holiday entitlement upon leaving his employment. |
Summary of Respondent’s Case:
It was the Respondent’s submission that the Complainant lodged eight complaints with the Workplace Relations Commission (“WRC”) on 7 February 2024, covering the cognisable period from 8 August 2023 to 7 February 2024. Even within that period, the Complainant worked from 8 to 20 August 2023. It was further submitted the Complainant failed to provide any substantive narrative or written submission in support of the complaints, apart from two letters. The first letter, dated 18 August 2022, from the previous employer, outlined a TUPE transfer effective on 29 August 2022. The second letter, dated 28 August 2023, referred to the TUPE process but was not provided to the Respondent. The Respondent submitted that the Complainant’s case relates entirely to the transfer from his former employer to the Respondent. As the transfer occurred more than 12 months prior to lodging the WRC complaint form, the Respondent submitted that the WRC has no jurisdiction to entertain the complaints. Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006 CA-00061530-001 The complaint was withdrawn at the hearing by the Complainant. Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 CA-00061530-002 The Employer submitted it was a stranger to this complaint.
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-00061530-003 The Respondent submitted this complaint was out of time and the WRC lacked jurisdiction. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-004 The Respondent submitted the Complainant’s salary included a Sunday premium payment. Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00061530-005 The Respondent submitted this claim is misconceived because the Complainant himself tendered his notice to the Respondent. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-006 It was the Respondent’s evidence that the claim is without merit, as the Complainant had taken 25 days annual leave before terminating his employment and was overpaid by 11.67 days. Relevant payslips were opened in evidence. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-007 It was the Respondent’s evidence that if the Complainant worked a public holiday, he received a paid day in lieu, and any accrued days in lieu were recorded on the time and attendance system which was opened in evidence. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-008 The Respondent denied this complaint based on the evidence presented. |
Findings and Conclusions:
The first consideration is whether the complaint’s referred to the Workplace Relations Commission (“WRC”) within the time frame provide for in Section 41 (6) of the Workplace Relations Act 2015. Section 41 (6) provides:- “(6) 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 period of time may be extended to 12 months where the Complainant can demonstrate reasonable cause. It was the Respondent’s submission that the Complainant’s employed transferred on 18 August 2022 following a transfer of undertakings. The Complaint Form was received by the WRC on 7 February 2024, covering the cognisable period from 8 August 2023 to 7 February 2024. Even within that period, the Complainant worked from 8 to 20 August 2023.
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006 CA-00061530-001 The complaint was withdrawn by the Complainant at the hearing. Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 CA-00061530-002 In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties, I find the Worker did not fall with the contract cleaning Employment Regulation Order where he was employed as a Chef. 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-00061530-003 The transfer occurred on 29 August 2022. The Complaint Form was lodged with the WRC on 7 February 2024 which is outside the 6-month time provided for in the Regulations. For this reason, I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-004 I find based on the Respondent’s evidence that the Complainant was compensated for working on a Sunday at a rate of €17.78 above his standard hourly rate of €14.78. For this reason, I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00061530-005 I find where the Complainant resigned from his employment he was not entitled to payment in lieu of notice, which only applies if an employer terminates an employee’s contract. I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-006 I find based on the Respondent’s evidence, which was supported by the payslips and accepted by the Complainant that he did receive five weeks annual leave within the consignable period. For the reasons outlined above, I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-007 I find based on the Respondent’s evidence, which was supported by the payslips and in the absence of contradictory evidence from the Complainant that he did receive his public holiday entitlements within the consignable period. I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-008 For the reasons outlined that there was no loss of public holiday entitlement within the consignable period, I find 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 complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006 CA-00061530-001 The complaint was withdrawn by the Complainant at the hearing. Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 CA-00061530-002 I find the complaint is not well founded. 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-00061530-003 I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-004 I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00061530-005 I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-006 I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-007 I find the complaint is not well founded. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00061530-008 I find the complaint is not well founded. |
Dated: 12-01-26
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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