ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002301

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-00003102-001	09/03/2016

Date of Adjudication Hearing: 03/01/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

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:

When i left my job i did not receive any of my holiday pay 36 hours pay owed to me

The claimant was employed as a Cashier with the respondent from the 7^th.July 2015 to the 18^th.Dec. 2015. She worked 20 hours per week and was paid €10 per hour. She submitted the respondent was in breach of the Act for failing to pay her her outstanding holiday entitlement of 44.8 hours – i.e. €448.

Respondent’s Submission and Presentation:

The respondent did not attend and was not represented at the hearing.

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.

On the basis of the uncontested evidence of the claimant, I find the complaint to be well founded. I require the respondent to pay the claimant €448 for lost income on termination and €100 compensation for this breach of the Act. Payment to be made within 42 days of this decision.

Date: 11th April 2017