Case Number: ADJ-00000539. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000539
Date01 March 2016
PartiesAn Employee -v- An Employer

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997 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.

Complainant’s Submission and Presentation:

Public Holiday entitlement is calculated at one fifth of weekly hours instead of normal hours rostered to work.

Working 19hours per week and annual leave is calculated on 15 hours p.w. which was previous contract. Additional 4 hours is calculated for annual leave purposes on a quarterly basis and paid as casual hours.

The complaint relates to the calculation of Public Holiday entitlement only. The second complaint CA – 822 – 002 has been withdrawn. The complainant has a contract for 19 hours per week and has a set pattern of days; Monday, Tuesday and half day Friday. At the start of 2014 she was surprised to learn that she had a negative leave balance of 31.5 hours. When she queried the issue she was told that Public Holiday entitlements are calculated at one fifth of weekly contracted hours. As the complainant was normally scheduled to work on Mondays, but was not normally required when a public holiday fell on Monday, she was paid full pay for the day but lost 3.7 hours from her total leave hours (based on 19 contracted hours per week).

Prior to 2013 when a public holiday fell on a normal rostered day she was paid a full day’s pay. When a public holiday fell on any other day she received one fifth of the weekly hours. Management acknowledge this but state that the public holiday was previously applied incorrectly. It is the claimant’s case that she works a set pattern of days each week and a normal day’s pay is based on 7.5 hours and therefore, when a public holiday falls on a day that she would normally be rostered to work e.g. Monday, then the claimant is entitled to a normal day’s pay. To the claimant’s knowledge, she, and one other, are the only part-time staff who work set days.

Respondent’s Submission and Presentation:

Public holidays are awarded to all of the Respondent’s employees in line with the provisions of the Organisation of Working Time Act 1997 and S.I 475/1997 – Organisation of Working Time Act (Determination of Pay for Holidays). The Respondent’s Annual Leave and Public Holiday Policy provides for public holiday entitlements to be awarded to each employee at a rate of 1/5 of every employee’s contracted weekly hours. The entitlement is awarded for each of the 9 public holidays in a year and added to an employee’s annual holiday entitlement. An amount of 1/5 of every employee’s contracted weekly hours is awarded for each public holiday, irrespective of an employee’s roster or working pattern in order to provide for a fair and equitable awarding of entitlements to all staff. In the claimant’s case she is awarded 3.8...

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