ADJ-00004350

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004350

Complaint for Resolution:

Date of Adjudication Hearing: 1st November 2016

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act 1991,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.

Attendance at Hearing:

BACKGROUND:                                                                                                                                              . The Complainant was employed by the Respondent from 1^st June 2014 to 28^th July 2015 and her weekly rate of pay was €241.85c.   The Complainant was submitting a complaint under the Payment of Wages Act 1991 that she had not been paid holiday pay due to her at the time of the termination of her employment.

PRELIMINARY ISSUE:                                                                                                      The complaint was presented to the WRC on 27^th July 2016, and in accordance with the provisions of Section 41(6) of the Workplace Relations Act 2015 the normal period under consideration for the purposes of the complaint would be from 27^th January 2016 and as the complaint’s employment ended on 28^th July 2015, this is outside the normal 6 month time for the presentation of complaints.   However the Complainant made submissions that in accordance with the provisions of Section 41(8) of the Workplace Relations Act 2015, the failure to present the complaint within the normal 6 month period was due to reasonable cause that justified extending that period by a further 6 months.

The Complainant said that her Mother died just 3 days after her dismissal and that this drove matters out of her mind as she was stressed out by her Mother’s death and she was not in a position to either take advice or submit her complaint for some time due to that fact.   She further said that the lack of the payment of her holiday pay only came to light at a hearing on separate complaints on 15^th June 2016.

Summary of Complainant’s Case:                                                  

The Complainant said that she did not receive annual leave or public holiday payment due to her at the time of the termination of her employment for accrued untaken annual leave due at that time.  

The Complainant said that she had accrued an entitlement to 4 week’s annual leave, which she said equated with the sum of €967.40c and public holiday pay in the sum of €161.20, which is a total of €1,128.60c.   She that however she had been received one week’s paid annual leave to the value of €241.85c, which she said, left a balance of €886.75c due to her and she sought a decision to that effect.

Summary of Respondent’s Position:

The Respondent was not present or represented at the Hearing and sent no submissions.

Findings and 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.

Section 6 of the Payment of Wages Act 1991, requires that I make a decision in relation to the complaint in accordance with the provisions of the same Section of the 1991 Act.

Preliminary Issue:                                                                                                               . I am satisfied that the failure to present the complaint under the Act at an earlier stage was due to reasonable cause and accordingly I am, in accordance with the provisions of Section 41(8) of the Workplace Relations Act 2015, I am granting an extension of six months to the normal period for consideration of the complaints.

Substantitive Issues:                                                                                                                                               . Based on the uncontested evidence of the Complainant I find and declare that the complaint under Section 6 of the Payment of Wages Act 1991 is well founded and it is upheld.   The nett amount due to the Complainant is €886.75c and I require the Respondent to pay her that amount within 6 weeks of the date of this decision.

Seán Reilly, Adjudication Officer:

Dated:   07 February 2017