ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00001582

Complaint/Dispute for Resolution:

Date of Adjudication Hearing: 06/04/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Venue:

Ardboyne Hotel Navan

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under section 6 of The Payment of Wages Act 1991 following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.

BACKGROUND-

The Complainant was employed as a chef from 15 July 2015 to 31 December 2015. He was paid at the rate of €480 per week for working forty hours. He alleges that he was not paid wages in relation to holiday entitlements contrary to section 5.1 of The Payment of Wages Act 1991. He filed a complaint with The Workplace Relations Commission on the 26 January 2016.

Complainant’s Submission:

The Complainant stated that it was agreed with the Respondent that he would be allowed to take his annual leave entitlements from the 1^st January 2016 to the 10^th January 2016. He went on holidays for this period but did not receive payment. He tried several times to obtain payment without success. The Respondent’s business closed for January 2016 and he visited the premises on the 16^th of January 2016 seeking payment. For the period he worked he has an entitlement to two weeks holiday pay. He resigned from his employment in January 2016.

Respondent’s Submission:

The Respondent pointed out the correct name of the company as opposed to what was on the complaint form. To the best of his knowledge the Complainant was paid his holiday entitlements. He understands that the Complainant took five days holidays in September and that the most that he would be entitled to is 5 days. He stated that his records will show this and that he will submit these records to the adjudicator within two weeks.

Findings:

No records were received from the Respondent. The Complainant worked from the 15^th of July 2015 to the 31st December 2015. He worked 40 hours per week for 25 weeks. He accrued ten days holiday entitlement for this period and id entitled to be paid €960 in wages for holiday entitlement.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act, and under Section 6 of The Payment of Wages Act 1991.

Based on the evidence presented by both parties at the hearing I find that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the sum of €960 for non-payment of wages in relation to his non-payment of his holiday entitlement, contrary to Section 5.1 of the Section of Payment of Wages Act 1991. This sum must be paid within 6 weeks of the date of this decision.

Dated:   4^th August 2016