ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007109

Parties: 

Complaint(s):

Date of Adjudication Hearing: 26/05/2017

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Location of Hearing: Room G.07 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 or such other act as may be referred to in the 2015 Act, 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 a matter 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.

Summary of Complainant’s Case:

The complainant went on holidays for two weeks in January, 2017. He has not been paid for his holidays to date. The complainant’s weekly gross remuneration is € 700.00.

Decision:

Section 41 of the Workplace Relations Act 2015 and section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress.

I am satisfied based on the complainant’s evidence that he has not received his two weeks holiday pay. I am satisfied that he is entitled to be paid € 1400.00. Accordingly, I award the complainant the sum of € 1400.00.

Dated:   08^th June 2017

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

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