ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002145
Complaint for Resolution:
Act | Complaint 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-00002880-001 | 26th February 2016 |
Date of Adjudication Hearing: 16th August 2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 26th February 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Organisation of Working Time Act. The complaint was scheduled for adjudication on the 16th August 2016. The complainant is a cleaner and the respondent an office cleaning company.
At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I satisfied myself that the respondent, a limited company, was issued with notice of the hearing at the company’s registered office. I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 41(4) of the Workplace Relations Act, 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 outlined that she commenced employment with the respondent on the 20th September 2013 and this came to an end in February 2016. She was a cleaner and worked 19 hours per week for the respondent, an office cleaning company. She outlines that she worked 650 hours in 2013-14 but only received only 11 hours of holiday pay. She had received no holiday pay for 2015-16. According to documentation supplied by the complainant, she worked 616 hours in this leave year.
Respondent’s Submission and Presentation:
The respondent did not attend the adjudication and did not make submissions to it. The complainant supplied correspondence she received from the respondent.
Findings and reasoning:
The first issue to consider is the temporal scope of this adjudication. Section 41 of the Workplace Relations Act provides that a complaint must be lodged within six months of the date of contravention, extendable to 12 months with reasonable cause. In a case involving annual leave, the date of contravention arises from the end of the leave year in question. This complaint was referred on the 26th February 2016. It follows that the claim for the 2013-14 leave year is out of time as it was made over 12 months after the end of this leave year, the 31st March 2014. The claim regarding the 2015-16 leave year is within time.
The complainant states she did not receive any annual leave for the 2015-16 leave year. A document supplied by the respondent states that she worked 616 hours and that she was paid for 10.36 hours of annual leave. It states that it owes 38.99 hours. The document further refers to a deduction of €190 to be made for rectifying shortcomings. The basis of this deduction is not explained.
No information is provided by either party regarding annual leave taken or paid in the 2014-15 leave year. This matter is not before me and I also find that the claim for the 2013-14 leave year is out of time. Having regard to the 2015-16 leave year, there is a conflict in evidence whether none or some of the complainant’s annual leave entitlement was paid. On the basis of the complainant’s evidence at the adjudication, I find that she was not able to avail of any annual leave within this leave year. Taking this finding into account, I award the complainant €480 in redress for annual leave due to her in the 2015-16 leave year.
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.
I find that the complaint made pursuant to the Organisation of Working Time Act is well founded and the respondent shall pay to the complainant the amount of €480. This award of redress is not in respect of remuneration, including arrears of remuneration.
Dated:9th November 2016