Worker

Employer

Anonymised Parties

A Female Worker

A Public Body

Representatives

Conor Staunton  Representative Association

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00002450

04/04/2024

The Worker is employed by the Respondent.

The Worker requested 6 public holidays while on maternity-leave in 2022 and 2 public holidays while on parental leave in 2023 which were refused. The code provisions provide “While on maternity-leave, a member is entitled to leave in lieu of public holidays which fall during absence on maternity-leave”. Initially the application for 5 days public holidays on maternity-leave and 2 days holidays while on parental-leave were granted.

Subsequently when the Worker sought an additional day public holiday for her maternity-leave, the application was refused citing section 11.3.5 of the code which states that 34 days annual leave is the maximum to be carried over. The Worker reapplied for the public holidays on 30th November 2023, which were refused following clarification the Worker has no entitlement to the days as public holidays are included in the 35 days annual leave allocation, and she has no entitlement to carry over these days.

The Employer refutes the claim on the basis that public holidays are included in the overall leave for staff.

The Worker was on paid maternity-leave from 26th March 2022 to 8 October 2022 and unpaid maternity-leave from 9th October 2022 to 13th November 2022.

Staff of the Employer do not come within the ambit of the Organisation of Working Time Act 1997. Staff of the organisation benefit from the EU Working Time Directive which has direct effect. The code provides: “ [Staff] may avail of 34 days annual leave which includes public holidays and Good Friday…” The leave is now 35 days as it includes St. Bridget’s Day and is reflected in SI 50/2022. The annual leave complement for staff is 35 days inclusive of public holidays, this means the Worker has already been compensated for public holidays which fell during her maternity-leave and parental-leave. Public holidays are normal working days in the Respondent for an operational member of staff save they command a special allowance when worked.

The Employer submits the claim is misconceived as the Employer is meeting its responsibility in 11.22 of the code and statutory provisions.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Employer is excluded from the ambit of the Organisation of Working Time 1997. The EU Working Time Directive is directly effective, and the Workers benefit from its provisions.

The Worker is entitled to 35 days annual leave which includes ten days public holiday and one day for Good Friday. They work on a roster of twenty-four hours over seven days and so may be working on a public holiday.

The Worker applied for public holidays on maternity-leave and parental-leave which was initially granted in error. The Worker is compensated annually for all public holiday entitlements and has already received her public holidays for 2022 and 2023. She can carry this annual leave over into a new year.

I make no recommendation in this dispute.