ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004880

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 28/11/2016

Workplace Relations Commission Adjudication Officer: Emile Daly

Procedure:

In accordance with Section 41(4) 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).

Attendance at Hearing:

 A Worker v. A Construction Company

Complainant’s Submission and Presentation:

The uncontested evidence of the Complainant at the hearing was as follows:

1. I worked for the Respondent from 29.4.15 until 27.7.16

2. I received no holiday pay for 2015, ie from 29.4.15 until year end 2015

3. I received no holiday pay for 2016, ie from 1 January 2016 until my employment ended in 27.7.16.

4. I was not paid a back week, which had operated since the start of my employment

Respondent’s Submission and Presentation:

No appearance

Decision:

Section 41(4) 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.

Based on the uncontested evidence of the Complainant, I found the case to be well founded and I make the following awards:

Holiday Pay

As he started work at the end of April 2015, the Complainant worked for two thirds of 2015 and therefore is entitled to two thirds of the holiday entitlement for 2015. The net pay per week was €737. Therefore the Complainant is entitled to €1965 for 2015 (being one third of a working week for each month in the leave year that he worked as per section 19.1 (b) of Organisation of Working Time Act 1997)

As he finished work in July 2016, the Complainant worked for half of 2016 and therefore is entitled to half of the holiday entitlement for 2016. Therefore the Complainant is entitled to €1474 (being half of the annual holiday entitlement to 28 days per leave year, ie 14 days)

The award for holidays is €3439.00

Back week

The Complainant is entitled to be paid the back week of €737 for work done.

The Total Award is €4176.00

Dated:   24 March 2017