ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002258

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 15/09/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or section 27 of the Organisation of Working Time Act, 1997 and or Section 6 of the Payment of Wages Act, 1991 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

Respondent’s Submission and Presentation:

Did not attend and was not represented.

Decision:

Section 41(4) of the Workplace Relations Act 2015 and or section 27 of the Organisation of Working Time Act, 1997 and or Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the cited Acts.

Issues for Decision: 

1:            Is there a well founded case for a successful claim under the Payment of Wages Act, 1991?

2:            Is there a well founded case for a successful claim under the Organisation of Working Time Act, 1997

Legislation involved and requirements of legislation:

The Organisation of Working Time Act, 1997 and the Payment of Wages Act, 1991

Decision:

The Respondent did not attend the hearing. I was satisfied that adequate notice of the hearing had gone to the Trading Address of the Company in Carlow.

The essence of the Complainant’s case was that he was not paid for four ( 4) outstanding Annual leave days and two ( 2) Public Holidays (25^th December 2015 and the 1^st January2016.

It was also stated that Public Holiday pay arrangements were not in keeping with Section 21 of the Organisation of Working Time Act, 1997 i.e. for working on the day he only received a single day’s pay with no compensatory additional Annual Leave or extra payment ever offered.

The oral evidence and demeanour of the Complainant appeared credible. The pay slips produced were supportive of his evidence. (€ 12:00 being the hourly rate – the average working day was deemed to be of 8 hours duration)

Accordingly I award

1:            4 days pay in lieu of the Annual Leave not paid = € 12:00 – 8 x 4 = 32 = €384

2:            1 days pay in lieu of the Christmas Day Public Holiday €12:00 x 8 = €96

3:            2 days pay in lieu of Ist January Public Holiday on which the Complainant worked but maintained that he was not paid either basic or premium = 8 x 2 = 16 x €12:00 = €192

Total award of € 672.

The award to be paid by the respondent within 30 days of the receipt of this finding.

Dated:   23^rd November 2016