ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004495
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-00006462-001 | 15/08/2016 |
Venue: WRC; Lansdowne House, Ballsbridge, Dublin 4.
Date of Adjudication Hearing: 02/02/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 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.
Background
The Complainant was employed as a Driver from 5th June 2015 to 24th July 2016. He was paid €10.00 in 2015 and €11.50 in 2016. He has claimed that he did not get paid in full for his holidays.
Complainant’s Submission and Presentation:
He stated that he was entitled to 4 weeks holidays per year = 20 days X 8 hours per day = 160 hours annually = 3.08 hour per week. 5th June to 31st December 2015 he was entitled to 30 weeks X 3.08 hours = 92.40 X €10 per hour = €924.00. To 4th June 2016, full year from commencement, he is entitled to 67.60 hours X €11.50 (rate increased)= €777.40. 5th June to 22nd July 2016 = 7 weeks X 3.08 holiday hours = 21.56 X €11.50 = €247.94. Total due = €924.00 + €777.40 + €247.94 = €1949.34. He received a payment of €368.00 for 2016 and €893.00 at cessation = €1,261.00, leaving a balance owing of €1,949.34 - €1,261.00 = €688.34. |
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I note that there is correspondence on record informing the Respondent of the date, time and venue of the hearing.
I note that the Respondent did not attend and was not represented.
I have examined the complaint as set out above.
This complaint was presented to the Commission on 15th August 2016 therefore the period that may be investigated is 16th February 2016 to the date of termination.
I note that the holiday year is defined as running from April to March each year as per the Organisation of Working Time Act. Therefore I may investigate the holiday years 1st April 2015 to 31st March 2016 and 1st April 2016 to the termination date.
Based on uncontested evidence I accept the Complainant’s calculations and I find that he is owed €688.34 as claimed.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the Respondent has breached Sec 19 and 23 of the Organisation of Working Time Act.
I require the Respondent t to pay the Complainant €688.34 for the economic loss of the holidays.
In addition I require the Respondent to pay the Complainant an additional €500.00 in compensation for breach of his rights under this Act.
I require these monies to be paid within six weeks of the date below.
Eugene Hanly
Adjudicator
Dated: 21 April 2017