ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006146
Parties:
| Complainant | Respondent |
Parties | A Complainant | A Respondent |
Complaint(s):
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-00008451-001 | 29/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008451-002 | 29/11/2016 |
Date of Adjudication Hearing: 19/07/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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).
Background:
The respondent employed the complainant as a supervisor in the period from the 2nd of January 2014 until the end of the first week in September 2016 (last day worked). He worked 25 hours per week inclusive of travelling time and was paid €606 gross per month. The parties were notified of the time, date and venue set for the hearing. |
Summary of Complainant’s Case:
CA00008541-001 The complainant submits that he did not receive his entitlement to statutory annual leave for the total period of the employment. CA00008541-002 The complainant submits that he did not receive his statutory entitlement to payment for Public Holidays for the total period of the employment. |
Decision:
Section 41 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.
CA00008541-001 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. I hereby require that the respondent pay the complainant his statutory entitlement to annual leave in the cognisable period in the amount of €1,372.50 (say one thousand three hundred and seventy two euro and fifty cent gross – being 6 weeks pay at statutory minimum wage) plus compensation in the amount of €2,000 (say two thousand euro net) for breach of s. 19 and s. 23 of the Act. CA00008541-002 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. I hereby require that the respondent pay the complainant his statutory entitlement to Public Holiday in the cognisable period in the amount of €137.25 (say one hundred and thirty seven euro and 25 cent gross – being three days at statutory minimum wage) plus compensation in the amount of €2,000 (say two thousand euro) for breach of s. 21 of the Act. |
Dated: 17th August 2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Key Words:
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