ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006396
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Facilities Management Company |
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-00008704-001 | 10/12/2016 |
Date of Adjudication Hearing: 29/05/2017
Workplace Relations Commission Adjudication Officer: Emile Daly
Location of Hearing: Room G.05 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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).
Summary of Complainant’s Case:
The complaint form indicated that the complaint was that the Complainant was entitled to €146.26 in unpaid holiday pay. There was no appearance at the hearing on 29 May 2017 by or on behalf of the Complainant |
Summary of Respondent’s Case:
The Respondent paid to the Complainant holiday pay in January 2017 after the complaint had been filed. This was a greater sum than the amount that she had claimed under the Organisation of Working Time Act 1997. |
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.
At the hearing there was no appearance on or on behalf of the Complainant. I am satisfied based on a pay slip shown to me by a witness on behalf of the Respondent that the amount of €187.50 was paid to the Complainant on 13 January 2017 in respect of holiday pay that was owed to her, in satisfaction of her rights under the Organisation of Working Time Act 1997. As there was no appearance on or on behalf of the Complainant this claim fails for want of prosecution. |