ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052804
Parties:
| Complainant | Respondent |
Parties | Sahbi Akrouti | The Bog Road Inn Limited |
Representatives | Self-Representative | Donal O’Gorman |
Complaints:
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-00061739-001 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00061739-002 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061739-003 | 07/02/2024 |
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-00061739-004 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061739-005 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061739-006 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00061739-007 | 07/02/2024 |
Date of Adjudication Hearing: 14/01/2025 and 04/06/2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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. Donal O’Gorman appeared on behalf of the Respondent and gave evidence of affirmation. It was his evidence that the business had been sold and appeared as a matter of courtesy. He also appeared on the second date, again to acknowledge the Tribunal.
The Complainant also brought complaints against Narrabri Limited in a linked decision ADJ-00050262. |
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. The Complainant was given an opportunity to respond to the question of the time limits prescribed by the Workplace Relations Act 2015. It was his submission that he wanted to give his employer an opportunity to respond, and he also had health issues. CA-00061739-001 – Sunday Premium It was the Complainant’s evidence that he did not receive a Sunday premium despite working regularly on a Sunday. CA-00061739-002 – Payment in Lieu of Termination The Complainant stated he resigned from his position and gave two weeks’ notice. However, he was not paid from 9 August until 20 August 2023. The Complainant gave evidence that he worked from 2 - 26 February 2023 but did not receive payment. He stated that he was told he would receive payment at the end of his employment as backpay. CA-00061739-003 – Annual Leave It was the Complainant’s evidence that his annual leave did transfer to his new employer which he raised with his employer. It was his evidence that he believed he had 2 weeks annual leave accrued but acknowledged he had taken 4 weeks annual leave between February 2022 and August 2023. CA-00061739-004 – Mobile Staff in Aviation The complaint was withdrawn at the hearing. CA-00061739-005 – Public Holidays It was the Complainant’s evidence that he believed he was due 5 to 6 public holidays from January 2023. CA-00061739-006 – Public Holidays The complaint was withdrawn at the hearing. CA-00061739-007 – Hours of Work The complaint was withdrawn at the hearing. |
Summary of Respondent’s Case:
Mr O’Gorman gave evidence the Respondent ceased being the employer in 2022 following a transfer of undertakings to a company Narrabri Limited on 18 August 2022. |
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 it ceased trading following a transfer of undertakings on 18 August 2022. Thereafter the Complainant’s employment transferred. The Complaint Form was received by the WRC on 7 February 2024, 18 months after the date of transfer. CA-00061739-001 – Sunday Premium For the reasons set out above, I find the complaint was not referred to the WRC within the 6 month period beginning on the date of contravention of which the complaint relates to. CA-00061739-002 – Payment in Lieu of Termination For the reasons set out above, I find the complaint was not referred to the WRC within the 6 month period beginning on the date of contravention of which the complaint relates to. CA-00061739-003 – Annual Leave For the reasons set out above, I find the complaint was not referred to the WRC within the 6 month period beginning on the date of contravention of which the complaint relates to. CA-00061739-004 – Mobile Staff in Aviation The complaint was withdrawn at the hearing. CA-00061739-005 – Public Holidays For the reasons set out above, I find the complaint was not referred to the WRC within the 6 month period beginning on the date of contravention of which the complaint relates to. CA-00061739-006 – Public Holidays The complaint was withdrawn at the hearing. CA-00061739-007 – Hours of Work The complaint was withdrawn at the hearing. |
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.
CA-00061739-001 – Sunday Premium For the reason outlined above, I find the complaint is not well founded. CA-00061739-002 – Payment in Lieu of Termination For the reason outlined above, I find the complaint is not well founded. CA-00061739-003 – Annual Leave For the reason outlined above, I find the complaint is not well founded. CA-00061739-004 – Mobile Staff in Aviation The complaint was withdrawn at the hearing. CA-00061739-005 – Public Holidays For the reason outlined above, I find the complaint is not well founded. CA-00061739-006 – Public Holidays The complaint was withdrawn at the hearing. CA-00061739-007 – Hours of Work The complaint was withdrawn at the hearing.
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Dated: 12-01-2026
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words: