ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001613
Complaint for Resolution:
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00002213-001 |
27/01/2016 |
Date of Adjudication Hearing: 22/03/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
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 complaint.
Complainant’s Submission and Presentation:
The complainant worked for the respondent for seven months. In September he closed his shop on main street. In October he was not giving me any hours of work so he gave me a temporary lay off letter. I was out of work for one month and then secured a new job. I requested my P45 and any holiday pay due to me. I have not received either to these to date despite many phone calls to him and contact with revenue. |
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Issues for Decision
Whether the Complainant’s complaint that she was not compensated for annual leave on cessation of her employment is well founded.
Legislation involved and requirements of legislation
Section 23 (1) of the Organisation of Working Time Act 1997 provides:
23 (1) Where - |
(a) an employee ceases to be employed, and |
(b) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee, | |
the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. |
Decision
I declare the Complainant’s complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €400 for annual leave together with the sum of €500 compensation for the trouble and expense incurred in taking her case. The total sum payable therefore is €900.
Dated: 25th May 2016