ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00058179
Parties:
| Complainant | Respondent |
Parties | Jocelyn Lawless | Mischief |
Representatives | Self-Represented | Self-Represented but advised by Peninsula Business Services and Mr Mulvaney. |
Complaint:
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-00070780-001 | 13/04/2025 |
Date of Adjudication Hearing: 24/07/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act and Section 27 of the Organisation of Working Time Act, 1997 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
Background:
The issues in contention concern an alleged failure to pay Bank Holiday pay to the Complainant for the period from 7th July 2007 to November 2023.
The Complainant was employed as a Sales Assistant in a Clothing Boutique.
The employment began on the 7th July 2007 and finished on the 4th January 2025.
The rate of pay was stated by the Complainant to have been €340 for a 23-hour week. |
Opening Legal issue / Time Limits
The Respondent employer pointed to Section 27(4) of the Organisation of Working Time Act ,1997 as amended and replaced by Section 41 (6) of the Workplace Relations Act ,2025 which states
(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.
If the “Contravention” began in 2007 and ended in November 2023 then a Complaint lodged to the WRC on the 13th April 2025 is legally “Out of Time” and cannot be proceeded with. The Respondent cited case law vis Cementation Skanska v Carroll DWT0425 in support.
The Complainant stated that she had not been paid for Bank Holidays and was seeking her arrears.
1: Summary of Complainant’s Case:
The Complainant was self-represented. She gave an oral testimony supported by a Written statement. She stated that she had begun with the Respondent in July 2007. Until November 2023 she had never been paid for Bank Holidays. Her statement was detailed as to the dates. She accepted that she had been paid Bank Holidays from that date. |
2: Summary of Respondent’s Case:
The Respondent gave an oral testimony and was advised by Peninsula Business Services. A detailed Written submission was submitted. The Respondent pleaded the time limits argument (detailed above). In addition, they stated that the Complainant had, until 2023, always requested Time in Lieu instead of a cash payment for Bank Holidays. They had always facilitated this and had in general been very accommodating to the Complainant. Since November 2023 they had paid cash for the Bank Holidays. Detailed pay records were submitted in support. |
3: Findings and Conclusions:
The Time Limits argument by the Respondent has to be accepted. Legally the complaint is out of time and cannot be preceded with. Details in the Opening Legal Issues paragraph above. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA-00070780-001 - Section 27 of the Organisation of Working Time Act, 1997
The complaint is deemed legally Not Well Founded and fails.
Dated: 09/10/25
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Bank Holiday Pay, Organisation of Working Time Act, 1997 |