ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00059481

Parties:

	Complainant	Respondent
Parties	James Ajibola	BGS Security Ltd in liquidation

Complainant

Respondent

Representatives

Nicola Coleman SIPTU

Steven Gyurko of Musiol Advisory

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00071877-001	26/05/2025
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00071877-002	26/05/2025
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-004	26/05/2025
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-005	26/05/2025
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-006	26/05/2025

Date of Adjudication Hearing: 06/02/2026

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Section 45A of the Industrial Relations Act, 1946, Section 77 of the Employment Equality Act, 1998 & 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 complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

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 peril 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 concerned a Security Guard and a Security Company.

The complaints were for Employer Non-Compliance with the Security Industry ERO, Discrimination contrary to the Employment Equality Act,1998 and the Organisation of Working Time Act,1997 in regarded to alleged non-payment of Statutory Holidays, Sunday Work and Public Holidays.

The Employment began on the 30th July 2024 and ended on the 9th September 2024.

Opening Legal issue – time Limits for Complaint -Section 41(6) & (8) of the Workplace Relations Act, 2015

The initial complaint was lodged with the WRC on the 26th May 2025 - some 8 months and 17 days after the ending of the employment.

Section 41(6) of the Workplace Relations Act ,2015 requires complaints to be submitted within 6 -six months of the ending of the employment/ date of the contravention - save for exceptional “reasonable cause” situations where a further six months may be added by the Adjudicator - Section 41(8).

Having reviewed the quite unusual background circumstances to this case the Adjudicator is satisfied that the “reasonable cause” situation applies. The Extension under Section 41(8) is granted. The complaint can proceed.

1: Summary of Complainant’s Case:

The Complainant was represented by Ms N Coleman of SIPTU. Oral testimony was given supported by a substantial written submission.

To assist, a Tabular Format will be utilised.

Act	Complaint/Dispute Reference No.	Summary Complainant details
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00071877-001	The Respondent Employer failed to pay the Complainant any wages – a 100% failure under the ERO for the Security Industry. A total of 230.17 hours worked is claimed for the period from 30th July to the 9th September 2024. The applicable ERO rate for the period was €14.50. Applying this rate (€14.50 x 230.17) gives a Wages due sum of €3,337.46.
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00071877-002	The Respondent clearly Racially discriminated against people of colour particularly as regards Payment of Wages. The Complainant was clearly a foreign national of colour who had been recruited via the Refugee programme. He was clearly in a vulnerable situation and open to exploitation. The pattern of employment was similar to other Non-National Refugees also previously engaged by this Company. The non-payment of legally due wages was clearly a case of Discrimination against vulnerable and unrepresented people of Colour only recently arrived in Ireland. An award of €1,000 under the provisions of Section 82(c) of the Employment Equality Act, 1998 is made.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-004	The Respondent failed to pay legally due Annual Leave payments. The Complainant was employed for 230.17 hours -applying the 8% rule would give 18.41 hours due as Holiday Pay €14.50 x 18.41 =€267 due as Holiday Pay
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-005	The Respondent failed to pay legally due Sunday Payment premiums This is a matter to be agreed with the Liquidator as to the premium (if any) and the number of Sundays involved.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-006	The Respondent failed to pay legally due Public Holiday Payments In the period of employment there was only one Public Holiday -First Monday in August. Taking days’ pay as 8 hours gives (€ 14.50 X 8) =€116 as a Public Holiday Payment due.

2: Summary of Respondent’s Case:

The Respondent Company is in liquidation. The Liquidator attended the Hearing and indicated that they were not contesting the complaints. Liability was accepted.

3: Findings and Conclusions:

These complaints are similar to a substantial range of Complaints made by numerous former employees of this Company. The Liquidator, appointed by the High Court on a petition from the Revenue, has indicated that, in so far as is legally possible, former Employee claims will be satisfied. This may include applications to various Public Redress Schemes.

The complaints were not contested, and the Adjudication decision has to be in the complaints favour.

4: Decision:

Section 41 of the Workplace Relations Act 2015, Section 45A of the Industrial Relations Act, 1946, Section 77 of the Employment Equality Act, 1998 & Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Adjudication Decision.
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00071877-001	The Respondent Employer failed to pay the Complainant any wages – a 100% failure under the ERO for the Security Industry. A total of 230.17 hours worked is claimed for the period from 30th July to the 9th September 2024. The applicable ERO rate for the period was €14.50. Applying this rate (€14.50 x 230.17) gives a Wages due sum of €3,337.46. Under the provisions of Section 45A (c) of the Industrial Relations Act, 1946 it is directed that the sum of € 3,337.46 be paid to the Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00071877-002	The Respondent clearly Racially discriminated against people of colour particularly as regards Payment of Wages. The Provisions of Section 82: 1 (c) of the Employment Equality Act, 1998 apply. A Compensation sum of €1,000, for breach of a Statutory Right, is awarded.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-004	The Respondent failed to pay legally due Annual Leave payments. The Complainant was employed for 230.17 hours -applying the 8% rule would give 18.41 hours due as Holiday Pay €14.50 x 18.41 =€267 due as Holiday Pay is awarded.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-005	The Respondent failed to pay legally due Sunday Payment premiums This is a matter to be agreed with the Liquidator as to the premium (if any) and the number of Sundays involved. Sunday Premium is awarded but subject to agreement between the Parties as to the number of Sundays involved and the rate (not less than 10%) to be applied.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00071877-006	The Respondent failed to pay legally due Public Holiday Payments In the period of employment there was only one Public Holiday -First Monday in August. Taking days’ pay as 8 hours gives (€ 14.50 X 8) =€116 as a Public Holiday Payment due. This is awarded under Section 27:3 of the Organisation of Working Time Act, 1997

Dated: 22nd of April 2026.

Workplace Relations Commission Adjudication Officer: Michael McEntee

Key Words:

ERO, Discrimination, Working Time.