ADJ-00005491

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005491

Complaint for Resolution:

Date of Adjudication Hearing: 18/01/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

This matter comes before an Adjudicator of the Workplace Relations Commission on foot of certain complaints which are contained in a Workplace Relations Complaint Form dated the 13^th of October 2016, wherein contravention of certain relevant provisions of the Organisation of Working Time Act of 1997 have been alleged.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 this matter has been referred to the Adjudicator Services by the Director General of the Workplace Relations Commission and in particular it has been referred so that this matter can be inquired into and the parties be given an opportunity to be heard and to present evidence relevant to the complaint.

The Complaints have been made within the appropriate time limits.

Anonymised Parties:

Complainant’s Submission and Presentation:

The Complainant gave unsworn evidence that he had commenced his employment with the Respondent Company as of July of 2015. The employment came to a natural end on the 17^th of September 2016. The Complainant has sought but has not received a P45. The Complainant’s wife has a financial background and confirmed that for Revenue purposes the termination of the employment relationship remains unacknowledged. This lends credence to the proposition that the P45 has not issued.

The Complainant is entitled to his P45.

The Complainant states he is owed a week of holiday pay for 2016.

Respondent’s Submission and Presentation:

The Respondent states that he never received the correspondence from the WRC dated the 21^st of October 2016. The Respondent confirms that he received the later WRC letter of the 7^th of December – posted to the same address. It is noted that the letter of the 7^th December refers to previous correspondence and it was open to the Respondent to request sight of same.

The Respondent states that his understanding is that holiday pay together with a P45 have both already been sent to the Complainant. There is no evidence in this regard and the Complainant denies having ever received this documentation.

Decision:

I am persuaded that the Respondent herein (in the course of the Contract of Employment ) failed to adhere to obligations and entitlements on Employers for the benefit of Employees and to give Employees paid annual leave pursuant to Section 19 of the Organisation of Working Time Act, 1997.

In circumstances where a contravention has been established I find the complaint to be well founded and I require that the Respondent shall pay to the Complainant the sum of €600.00 compensation.

Dated:   31/08/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath