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Employer underpaying public holiday and annual leave pay

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  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    Well I've only been working with the company for about 7 months so I won't be able to make a complaint. I'm told the WRC will only act if it's been more than a year.



  • Registered Users Posts: 14,572 ✭✭✭✭Dav010


    What?

    You don’t have protection of the Unfair Dismissals Act until you have 12 months service, but the WRC can consider a complaint the first day you were employed if the Employer has breached equality legislation/IRA 1990 or the OWTA.



  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    I don't get that in the sense I wasn't dismissed. I don't know much about the equality legislation, but it seems like you can't complain about anything unless you're a travelor or gay.



  • Registered Users Posts: 1,818 ✭✭✭mrslancaster


    If you think you were underpaid for any of the recent public holidays, ask your payroll department how they calculated it, ie which hours they used to determine the daily rate. They have the records and will give you the breakdown. If there was any mistake they would correct it so try that before the WRC.

    The normal daily hours is per your contract if you work the same basic hours every week. Anything more is overtime.

    If you work additional hours regularly then any PH benefit would be calculated based on the average of the 13 weeks before the PH. Your payroll department will have the breakdown.



  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    @mrslancaster If you think you were underpaid for any of the recent public holidays, ask your payroll department how they calculated it, ie which hours they used to determine the daily rate. They have the records and will give you the breakdown. If there was any mistake they would correct it so try that before the WRC.

    But am I in a position to go to the WRC giving that I haven't worked there a full year?



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  • Registered Users Posts: 14,572 ✭✭✭✭Dav010


    What has the one year got to do with this? One yr of service is necessary if you are making a claim under the UDA, which doesn’t seem relevant to your issue.



  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    They got back to me on Thursday there. My holidays pay is based on my total hours worked, which excludes public holiday pay and Sunday premium pay. I'm down €80 as a result, yet the manager is sticking to here grounds that this is directly in line with the 1997 act. Strange!



  • Registered Users Posts: 1,244 ✭✭✭Brid Hegarty


    So the WRC hearing for this case is coming up very soon. Since submitting the complaint about this last year, I only heard from the WRC once, so I'd actually thought there would be no more of this case at all. I haven't even thought about it since last year, so I guess I'll have to recap a little on the details before the hearing. What typically happens in hearings like this? I presume there will be a representative from the other company?

    The HR lady from that company has been trying to ring me several times, but I haven't answered as I couldn't even remember the details at the time the phone rang. I presume it's because they want to settle! But it's not about money at this stage really. The other thing that's interesting is that this very lady kept ignoring my emails (and calls) last year. Any responses would come from the operations manager instead; and even at that, they kept avoiding the two very questions they couldn't answer. If they lose this case will their name publicly mentioned on the WRC website? And will many see it?

    The other thing I'm wondering is, will I even have that much to say in this hearing? I submitted a very accurate and understandable representation of the details at the time, and whatever judge (or whatever you call it) will have read that. Right?

    Recap of reasons for complaint (contract taken into account)

    • This company was struggling to keep its staff when I was with them, and as a result some employees would work five 12 hour shifts in a week to cover for missing staff. This extra work should be met with extra BH pay. It should be a fifth of the working week (I think, based on the average over the previous 12 wks), but yet they paid 8 hours for BH Mondays.
    • Employees who would worked a BH that was a night shift would only get double pay for the part of the shift that was during the 24 hr Monday period. This might sound fine to some but it ended up meaning that employees who worked the bank holiday actually got paid less than people who got the bank holiday off. Since certain staff were regularly put on night shifts, this meant that they lost quite a lot of money (there was only a 5 hr overlap before midnight at the start of such a shift).
    • Various fiddlings with holiday pay which I'll leave aside for now.

    Below is what's pasted from email about this hearing. The WRC already notified me last year that they'd forward my documentation to the employer, so this relates to the last bullet point below.

    Written Statements/Submissions

    •Please note all statements/documentation/submissions/evidence relevant to the specific complaint being heard should be forwarded to the WRC and exchanged with the other party(ies) well in advance of the Hearing date (at the latest 15 working days in advance of the Hearing).

    •The admissibility of material which does not allow for sufficient review prior to the Hearing will be a matter for determination by the Adjudication Officer.

    •Statements summarising the facts and legal issues should be paginated, with paragraphs numbered for ease of reference at the Hearing. All supporting evidence should also be paginated, and tabbed and listed on an index. This makes it easier if one party is referring to a specific section of a document during a Hearing.

    •Note: Submissions are required from the Complainant in Employment Equality and constructive dismissal cases, from the Respondent in all other Unfair Dismissal complaint, or when requested by an Adjudication Officer.

    •All documents must be emailed to pru@workplacerelations.ie with the case reference clearly marked and be copied to the other party(ies).


    Thank you for reading

    Post edited by Brid Hegarty on


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