ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002193

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-00002999-001	02/03/2016

Date of Adjudication Hearing: 27/09/2016 and 13/07/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, and section 27 of the Organisation of Working Time Act, 1997 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 complaint relates to annual leave accrued while the complainant was on maternity leave and sick leave in 2014. In an email requesting time off in February 2015, the complainant reminded local management that she had carried over 39 days holidays in 2015. She took 41 days holidays in 2015. She contends therefore that 19 days holidays are due from 2015. The complainant handed in her notice on February 2 and once again reminded local management of all the holidays carried over. They were confident that she would be paid for them, as they said it was exceptional circumstances that she had built up so much leave. On February 23, she asked local management how to apply to be paid for that holiday leave. He contacted HR in London to find out the process and was told they would not be paying her for holiday leave.

Respondent’s Submission and Presentation

At the first hearing convened to hear the complainant’s complaint, held on 13^th July 2016, the respondent was represented by a solicitor who outlined the case that the correct respondent had not been cited and that the Adjudicator therefore had no jurisdiction to rule on the matter. Correspondence from solicitors Fanning & Kelly referred to a previous hearing held on 3^rd March 2016 with the decision issued on 23^rd June 2016, in which the complainant’s employer was confirmed and it was not the respondent employer cited in this instant case.

Decision:

The definition of employer as contained in the Organisation of Working Time Act 1997 is:

““employer” means in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph(b) of the definition of ‘contract of employment’ is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer”.

In deciding whether the correct employer was cited by the complainant in this case, I have given consideration to the Adjudicator decision quoted by the respondent’s representative. I decline jurisdiction to adjudicate on this complaint as the correct respondent is not cited.

Dated: 18^th November 2016