ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008474

Complaint:

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-00011167-001	05/05/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00011176-001	05/05/2017

Date of Adjudication Hearing: 21/08/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 Security Officer since March 2016. His employment transferred from one company to another. In October 2016 he transferred to the Respondent company. He was paid €10.75 per hour and worked full time. He has claimed two weeks holiday pay for 2016.

Summary of Complainant’s Case:

The Complainant stated that he worked a total of 1063 hours and was entitled to 85 hours in holidays. He requested them but was refused.

He is claiming 85 hours X €10.75 = €913.75.

Summary of Respondent’s Case:

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

Findings and Conclusions:

I note that the Respondent did not attend and was not represented at the hearing.

I note correspondence on file advising the Respondent of the date, time and venue of the hearing.

Based on the uncontested evidence before the hearing I find that the Respondent was responsible for the holiday entitlements from 1^st April 2016.

I note the contract of employment stated “your holiday year begins on 1^st January and ends December 31^st each year”, however the holiday year is defined as running from April to March each year according to the Organisation of Working Time Act.

I accept the uncontested evidence that he worked 1063 hours in that period and has an entitlement to 85 holiday hours.

I find that he is owed 85 X 10.75 = €913.75 for the economic loss.

I addition I find that he should receive €250 in compensation for breach of his rights under this Act.

Decision:

Section 41 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 company should pay the Complainant €913.75 for the economic loss and in addition €250 in compensation for breach of his rights under this Act.

These monies should be paid within six weeks of the date below.

Dated: 30^th August 2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly