ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002141

Complaint(s)/Dispute(s) 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-00002898-001	28/02/2016

Date of Adjudication Hearing: 28/06/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:

I worked 15 hours a week from 1st September 2014 to 26th june 2015 with term time taken off without pay at a rate of €8.65ph. After returning from summer break 1st September 2015, I returned working 20 hours a week till 16th October 2015 at a rate of €8.65ph. I wish to make a complaint that I did not receive any entitled holiday pay. I rang Workplace relations regarding weather or not I was entitled to holiday pay, where I was told I was. I told my employer this but have still not received anything since I left work on 16th October 2015.The Claimant stated that the Respondent promised to pay but did not. This is the reason for the delay in presenting her complaint.

Respondent’s Submission and Presentation:

There was an unexplained absence of the Respondent

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.

[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.

Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]

Issues for Decision:

Has the Claimant a holiday entitlement due to the hours worked/

Legislation involved and requirements of legislation:

Section 27 of the Organisation of Working Time Act 1997.

Decision:

As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. I find the claim well founded and award €1,200.00 in compensation.

Dated: 7 October 2016