ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006802
| Complainant | Respondent |
Anonymised Parties | A Team Leader | An Aviation Company |
Complaint;
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00009199-001 | 19/01/2017 |
Date of Adjudication Hearing: 27/04/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Location of Hearing: Room 4.02 Lansdowne House
Procedure:
In accordance with Section 41 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 worked for the respondent from March 14th 2016 until September 30th 2016 as a ‘Team Leader’. |
Summary of Complainant’s Case:
The complainant submitted his resignation on August 31st 2016. He worked until September 9th at which point he took annual leave which covered the period up to the expiry of his notice as he had submitted it. He is claiming payment of wages for the month of September as his last salary was paid at the end of August. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. No explanation was offered for the failure to do so. |
Findings and Conclusions:
The complainant stated in his evidence that he was entitled under the terms of his contract to 1.67 days annual leave per complete month, approximately the statutory entitlement. He also said that he had taken seven days in April and six in June; a total of thirteen days. He is claiming payment for four weeks in September, three of them in respect of annual leave. It will be clear that on the basis of his contract that his entitlement to annual leave at the end of August had been exceeded. He appeared to believe that he had an entitlement to payment on the basis of his notice which is not the case. He would of course be entitled to be given leave, or paid for any unused annual leave entitlement but on the basis of his service there was none. He did work for the first week in September however and is entitled to one week’s pay. |
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 uphold complaint CA-00009199 in part and award the complainant one week’s pay in the amount of €656.25 gross and subject to statutory deductions. |
Dated: 10th July 2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |