ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003159
Complaints for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00004373-001 | 11th May 2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00004373-002 | 11th May 2016 |
Date of Adjudication Hearing: 4th August 2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 11th May 2016, the complainant referred complaints to the Workplace Relations Commission pursuant to the Redundancy Payments Acts and the Organisation of Working Time Act. The complainant is a secretary and the respondent is a commercial valuer and surveyor. The complaints were scheduled for adjudication on the 4th August 2016. The complainant attended in person and one partner attended for the respondent. Prior to the adjudication, the complainant indicated that she was in a position to withdraw made pursuant to the Redundancy Payments Acts.
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Complainant’s Submission and Presentation:
In advance of the adjudication, the complainant indicated that the claim pursuant to the Redundancy Payments Acts could be withdrawn. The matter outstanding was her entitlement to annual leave which accrued while she was on maternity leave. The complainant outlined that she worked with the respondent as a secretary for nine years until her employment came to an end on the 8th April 2016. She said that she went on maternity leave in July 2015 and this came to an end on the 17th January 2016. She took a week's annual leave between the 18th and 22nd January, but this had not been paid by the respondent. She then went on sick leave from the 25th January to the 1st March. She was again on annual leave between the 2nd and 14th March, but the respondent had not paid for this period of annual leave. She returned to work on the 15th March and was told at the end of the month that her employment would be coming to an end. The complainant outlines that instalments already paid by the respondent had reduced the amount initially owed to the €768 now owing. This was annual leave she had accrued and for which she had not been paid.
Respondent’s Submission and Presentation:
The witness for the respondent outlined that he did not dispute the veracity of the complainant's evidence or that she was owed the €768 in unpaid and accrued annual leave.
Findings and reasoning:
I find as fact that the complainant is due €768 in unpaid and accrued annual leave owing at the end of her employment with the respondent. I base this finding on the evidence presented by the complainant.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00004373-001 Redundancy Payments Act
Complaint withdrawn. No decision necessary.
CA-00004373-002 Organisation of Working Time Act
The respondent shall pay to the complainant the amount of €768, this being unpaid annual leave owing to the complainant.
Dated: 27th October 2016