ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00064294
Parties:
| Complainant | Respondent |
Parties | Patricia Fiaka | Clemac Regional Homecare Services Ltd |
Representatives | Self Represented | Managing Director |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997 | CA-00078256-001 | 04/12/2025 |
Date of Adjudication Hearing: 10/06/2026
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
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 be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
Background:
The Complainant was employed under a Work permit and her fixed term employment was terminated when her permit was not renewed. The complaint was submitted under Section 18A of the Organiisation of Working Time Act 1977 (as amended) which relates specifically to Banded Hours but the complaint was more broad ranging than that covered by that Section of the Act. The complaint was submitted against Bluebird Care Limerick which is a Franchise and the Respondent was amended at the Haer8ing by consent of the parties to Clemac Regional Homecare Services Ltd. |
Findings and Conclusions:
The Law; The Act of 1997 is amended by the insertion of the following section after Section 18; “18A.(1) Where an employee’s contract of employment or statement of terms of employment does not reflect the number of hours worked per week by an employee over a reference period, the employee shall be entitled to be placed in a band of weekly working hours specified in the Table to this section. |
(2) In accordance with subsection (1), where an employee believes that he or she is entitled to be placed in a band of weekly working hours, he or she shall inform the employer and request, in writing, to be so placed. |
(3) The employee shall be placed by the employer in a band of weekly working hours from a date that is not greater than 4 weeks from the date the employee made the request under subsection (2). |
(4) The band of weekly working hours on which the employee is entitled to be placed shall be determined by the employer on the basis of the average number of hours worked by that employee per week during the reference period. |
(5) An employer may refuse to place an employee on the band requested— |
(a) where there is no evidence to support the claim in relation to the hours worked in the reference period, |
(b) where there has been significant adverse changes to the business, profession or occupation carried on by the employer during or after the reference period, |
(c) in circumstances to which section 5 applies, or |
(d) where the average of the hours worked by the employee during the reference period were affected by a temporary situation that no longer exists.” Findings; The Complainant submitted a complaint under (and only under) Section 18A of the Organisation of Working Time Act 1977 (as amended). While the Complainants written complaint/submission was wide ranging her complaint is limited in law to adjudication of a complaint relating to Banded Hours under Section 18A of the Act. The Complainant was asked, with the assistance of an Interpreter, had she submitted a request in writing to be placed on Banded Hours (as required by Section 18 A (2) above) and she replied she had not. As the Complainant did not comply with this essential requirement of the Act, I find that I am legally precluded from dealing with the substance of her complaint and I decide the complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I decide that the complaint is not well founded. |
Dated: 17/06/2026
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Not well founded. |