ADJUDICATION OFFICER DECISION
CORRECTING ORDER PURSUANT TO SECTION 41(16) OF THE WORKPLACERELATIONS ACT 2015
This order corrects the original Decision and should be read in conjunction with that decision.
Adjudication Reference: ADJ-00006566
Parties:
Representatives |
| Catherine O'Brien (Representative) |
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-00008921-001 | 23/12/2016 |
Date of Adjudication Hearing: 25/05/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Location of Hearing: Room 4.02 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and under 27 of the Organisation of Working Time Act 1997 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 is employed as a security guard since 6 June 2014. He alleges that he was not paid his full annual leave entitlements for leave year 2015, contrary to Section 19 of the Organisation of Working Time Act 1997. He filed a complaint with the Workplace Relations Commission on 23 December 2016. |
Summary of Complainant’s Case:
He was authorised to take one month’s leave from the 5 December 2016 to 5 January 2017. However he learned that he would not be paid for this leave. The reason that was given is that the month’s leave that he took in 2016 was his entire allocation for leave for that year. He did not take any leave whatsoever in 2015. He wished to take leave in December 2015, but his manager could not authorise this leave because there was a lack of cover due to sick leave. He agreed to comply with the manager’s wishes and therefore deferred his leave until January 2016. The leave that he took in January 2016 was the 2015 leave. The company maintains that it has a policy of not carrying over leave. In this case the company could not facilitate his leave in 2015 and therefore it is not reasonable that he should lose his leave during that entire year. |
Summary of Respondent’s Case:
The Complainant alleges that he has a shortfall of annual leave hours going back to 2015 and has alleged that his manager was unable to grant annual leave for that year due to lack of cover. The Complainant’s contractual annual leave entitlement was 20 days per year. The company’s annual leave calendar runs from January to December. The Complainant has alleged :
The company records show the following in the form of rosters and payslips in relation to the Complainant:
The Respondent believes that the Complainant was given extra paid annual leave in 2016 due to a shortfall of 6 days from 2015. |
Findings and Conclusions:
Section 26(4) of the Organisation of Working Time Act 1997 provides: “An adjudicator shall not entertain a complaint under this section if it is presented to the adjudicator after the expiration of the period of 6 months beginning of the date of the contravention to which the complaint relates”. The Complainant filed his complaint with the Workplace Relations Commission on the 23 December 2016. Therefore the currency of the complaint runs from the 24 June 2016 to the 23 December 2016. The Complainant has stated that the “contravention to which the complaint relates” was in December 2015. Therefore this complain is outside the 6 month time limit as provided for under Section 26(4) of the Organisation of Working Time Act 1997. |
Decision:
Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to this claim and grant redress in accordance with the provisions of the 1997 Act.
Based on the evidence presented at the hearing, I find that this complaint is not well-founded as it was not filed in time in accordance with the provisions of Section 26(4) of the Organisation of Working Time Act 1997. |
Dated: 12th June 2017
Workplace Relations Commission Adjudication Officer: John Walsh
Key Words:
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ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006566
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Security Firm |
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-00008921-001 | 23/12/2016 |
Date of Adjudication Hearing: 25/05/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Location of Hearing: Room 4.02 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and under 27 of the Organisation of Working Time Act 1997 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 is employed as a security guard since 6 June 2014. He alleges that he was not paid his full annual leave entitlements for leave year 2015, contrary to Section 19 of the Organisation of Working Time Act 1997. He filed a complaint with the Workplace Relations Commission on 23 December 2016. |
Summary of Complainant’s Case:
He was authorised to take one month’s leave from the 5 December 2016 to 5 January 2017. However he learned that he would not be paid for this leave. The reason that was given is that the month’s leave that he took in 2016 was his entire allocation for leave for that year. He did not take any leave whatsoever in 2015. He wished to take leave in December 2015, but his manager could not authorise this leave because there was a lack of cover due to sick leave. He agreed to comply with the manager’s wishes and therefore deferred his leave until January 2016. The leave that he took in January 2016 was the 2015 leave. The company maintains that it has a policy of not carrying over leave. In this case the company could not facilitate his leave in 2015 and therefore it is not reasonable that he should lose his leave during that entire year. |
Summary of Respondent’s Case:
The Complainant alleges that he has a shortfall of annual leave hours going back to 2015 and has alleged that his manager was unable to grant annual leave for that year due to lack of cover. The Complainant’s contractual annual leave entitlement was 20 days per year. The company’s annual leave calendar runs from January to December. The Complainant has alleged :
The company records show the following in the form of rosters and payslips in relation to the Complainant:
The Respondent believes that the Complainant was given extra paid annual leave in 2016 due to a shortfall of 6 days from 2015. |
Findings and Conclusions:
Section 26(4) of the Organisation of Working Time Act 1997 provides: “An adjudicator shall not entertain a complaint under this section if it is presented to the adjudicator after the expiration of the period of 6 months beginning of the date of the contravention to which the complaint relates”. The Complainant filed his complaint with the Workplace Relations Commission on the 23 December 2016. Therefore the currency of the complaint runs from the 24 June 2016 to the 23 December 2016. The Complainant has stated that the “contravention to which the complaint relates” was in December 2015. Therefore this complain is outside the 6 month time limit as provided for under Section 26(4) of the Organisation of Working Time Act 1997. |
Decision:
Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to this claim and grant redress in accordance with the provisions of the 1997 Act.
Based on the evidence presented at the hearing, I find that this complaint is not well-founded as it was not filed in time in accordance with the provisions of Section 26(4) of the Organisation of Working Time Act 1997. |
Dated: 12th June 201
Workplace Relations Commission Adjudication Officer: John Walsh
Key Words: