The Workplace Relations Commission awarded firefighter Michael Malone €1,000 in compensation and €181.76 in lost pay after finding that regular Sunday and night premiums should have counted towards his public holiday payments. The decision was dated 15 March 2022.
Malone, a full-time firefighter with Waterford City and County Council, said his public holiday payments did not reflect his normal pay. The Council maintained that he had received the entitlement required by law and argued that overtime and several allowances should be excluded from the calculation.
The adjudication officer found that overtime was excluded under the regulations. Malone’s Sunday and night premiums were paid at the same amount each fortnight and counted as regular allowances. His Saturday pay and night meal allowance varied according to work performed.
The claims to include overtime, Saturday pay and the night meal allowance were not well founded; the claim about Sunday and night premiums was well founded. The officer directed the Council to pay €181.76 for the shortfall across three public holidays and awarded €1,000 in compensation. Malone had submitted duplicate complaints, and the officer made the decision on the later complaint, which covered the relevant holiday period.