All Members – Penneys, Wilton

Re:  Non Application of Public Holiday Premium

29th July 2021 

Dear Member

Please see copy of correspondence sent to the Company regarding above matter for your information.

Yours sincerely
For Mandate Trade Union

Lorraine O’ Brien
Divisional Organiser 

By: Email and Post


                                                                                                                           29th July 2021

Ms. Patricia O’ Callaghan                                                                                                            Store Manager
Wilton SC

Re: Non Application of Public Holiday Premium

Dear Ms. O’ Callaghan

This office has been contacted by a number of members regarding the manner in which the company has rostered staff for the forthcoming week which includes Public Holiday Monday 2nd August 2021.

I am informed management have calculated the number of hours due to be worked that day using the Public Holiday premium to establish an enhanced number of hours for the day. This enhanced figure is then deducted from an individual’s number of contracted weekly hours, which in effect means the individual physically works less than their contracted hours in the week in which they work the Public Holiday. As a consequence they receive no financial benefit or premium for working on the Public Holiday and I have been provided with examples of how this will be applied in the store next Monday 2nd August.  I am also informed that staff have queried this locally, however management have stated they intend to proceed with the roster as planned.

Having received so many individual queries, I can only assume the information as relayed is factually correct and therefore this development is hugely concerning.  As you should be aware Section 21 of the Organisation of Working Time Act 1997 sets out statutory entitlements for employees in respect of Public Holiday working.  In addition the Mandate/Penneys Collective Agreement clearly provides for premium payments in respect of Public Holiday working for our members.

The information provided to this Office clearly indicates a manipulation of hours on the week in which a member works the Public Holiday in an effort to avoid premium payments.  Mandate take a very serious view of what appears to be a breach of our collective agreement and the statutory entitlements of our members. Moreover, it seems very clear this is not an error in respect of the non-payment of premium payments but rather a calculated decision in order to reduce payroll costs.

The majority of staff are currently working at either the bottom or within their contractual band of hours and withholding their premium payment has a far more significant financial implication for them than the saving has for the company.

In view if the above outlined, please take whatever steps are necessary to rectify this matter and ensure the members affected are rostered for their contracted hours and those who are rostered for the Public Holiday receive the appropriate premium payment.

Your confirmation of this is requested by return.

Yours sincerely
For Mandate Trade Union


Lorraine O’Brien
Divisional Organiser

cc.  Ms. Ann Lawlor, HR Manager, Penneys, Dublin

      Mr. Roy Hanna, Assistant Manager, Penneys, Wilton

      Ms. Ellen O’ Driscoll, HR, Penneys, Wilton

      All Members               


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