ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000849

Complaint for Resolution:

Date of Adjudication Hearing: 24/03/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 ] 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 complain).

Complainant’s Submission and Presentation:

The complainant was employed as a chef by the respondent restaurant and following some changes in the ownership of the business left of his own volition and gave the required two weeks’ notice. He did not receive the appropriate amount of holiday payment which had accumulated prior to his departure.

He also says that during the very last few weeks of employment he did not receive payslips.

Regarding the claim for annual leave he provided evidence that he accumulated seventeen days holiday entitlement by July 23^rd 2016 of which he took fifteen leaving an outstanding entitlement of two days.

Following a period of annual leave he worked a further five weeks with the following hours for each of the five weeks; Week 1; 76.5, week  2; 84.25, week 3; 54.75, week  4; 48 and week  5; 52.25, a total of 315.25 hours for which he claims an outstanding  annual leave entitlement.

 Detailed time sheets were submitted for these periods.

 A payslip was also provided as evidence of his hourly rate of €10.00

Respondent’s Submission and Presentation:

The Respondent did not attend.

Decision:

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

In respect of his claim that he did not receive his two week’s notice the complainant’s evidence was that he gave two weeks notice and therefore I cannot see how a claim arises here and I dismiss it

I find that the complainant has made out a good case and that he is entitled to payment of a total of approximately five days in lieu of holidays which I put at €410.00.

I uphold his complaint and award him €410.00

Dated:   25/5/2016