ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006665

Parties:

Complaint(s):

Date of Adjudication Hearing: 22/03/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Location of Hearing: Room B Lansdowne House

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

The Complainant herein has referred matters for dispute resolution under Section 27 of the Organisation of Working Time Act, 1997 and the referral has been made within six months of the initial circumstances of the relevant dispute/contravention.

Background:

The Complainant had worked with the Employer since January 2015. In time, the Complainant herself wanted to move on and she handed in her Notice in and around October of 2016. The Complainant made the case that her final wage slip was missing elements of her holiday pay and Public Holiday entitlements.

Summary of Complainant’s Case:

The Complainant contacted her Employer and pointed out the shortfall. There was no response. Whilst the Complainant did receive the required P45, the outstanding shortfall was neither referenced nor satisfied. The Complainant issued her Workplace Relations Complaint Form seeking redress under the Organisation of Working Time Act, 1997. The Complainant confirms that a cheque was received within a week of issuing the said WRCF.

Summary of Respondent’s Case:

The Respondent offered an honest oversight for the non-payment of the monies due and owing.

Findings and Decision:

I am satisfied that the complaints made are well founded and that the Employer inappropriately failed to recognise the entitlement to Holiday pay and Public Holidays until the Workplace Relations Commission was invited to adjudicate. I award the Complainant €500.00.

Dated:   9^th June 2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath