ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004407

Complaints for Resolution:

Venue: Lansdowne House, Ballsbridge, Dublin 4.

Date of Adjudication Hearing: 07/02/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background

The Complainant was employed as a Catering Supervisor from 30^th June 2010 to 15^th March 2016. She was paid €11.65 per hour and worked 20 hours per week. She has claimed that she is owed wages and holiday pay.

Additional submissions were received up to 10^th February 2017.

1) Organisation of Working Time Act CA 6438 -001

Complainant’s Submission and Presentation:

Respondent’s Submission and Presentation:

The Respondent made no submission on the day of the hearing. Submissions were received subsequent to the hearing on 10^th February 2017.The Respondent stated that in relation 2015 she worked 808.7 hours and was due 8% = 64.7 hours in holiday pay. She received 16 hours in 13^th Aug, 11 hours on 5^th Nov. 11 hours on 26^th Nov, and 14 hours on 10^th December, payslips supplied, a total of 52 hours holiday pay. He agreed with the Inspectorate of the WRC to pay 34.5 hours which was paid out on 14^th January 2016.

Regarding 2016 he stated that she worked 175.76 hours. In week 11 she worked 7 hours but was paid 22.4 hours as a gesture of goodwill. Did not work week 12 but was paid 24 hours as a gesture of goodwill. She worked a total of 182.75 hours and was due 8% = 14.62 hours on week 12 she was paid 16 hours so was overpaid 1.38 for 2016.

Findings

I note that the Respondent attended the hearing with no information whatsoever and asserted that he had not received the complaint form. There was correspondence on file of the copying to the Respondent the complaint form.

I note that subsequent to the hearing the Respondent furnished information.

I find that I may adjudicate on the holiday year 1^st April 2015 to 15^th March 2016 when the employment ended. Sec 2 (1)(b) of this Act defines the holiday year as “Leave year” means a year beginning on any 1^st day of April”.

Based on the records supplied I find that she was due 64.7 hours holidays and was paid for 52 hours leaving a balance of 12.7 hours amounting to €147.96 up to 31^st December 2015.

I note that the Respondent stated that he overpaid her by 1.38 hours, based on working 182.76 hours giving holiday entitlement for 14.62 hours. A payslip shows the payment of 16 hours on 24^th March 2016. I find that she was overpaid in respect of 2016.

I find the payment of 34.5 hours made on foot of an inspection was in respect of the year 2014.

I find that in view of the fact that the WRC inspection was in respect of 2014 only I had jurisdiction to deal with the complaint in respect of the holiday year 1^st April 2015 to 15^th March 2016.

I find that the Complainant is owed €147.96.

I note the difficulties that the Complainant endured in trying to get her entitlements under this Act

I find that she is entitled to compensation for breach of her rights under this Act.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the Respondent should pay her €147.96 in respect of the economic value to the holidays.

In addition I have decided that the Respondent should pay her €250.00 in compensation for breach of her rights under this Act.

These monies should be paid within six weeks of the date below.

2) Payment of Wages Act CA 6438 -002

Complainant’s Submission and Presentation:

The Complainant stated that she gave notice of leaving. She was not asked to work the notice and was told that she would be paid in lieu of notice. She was paid 13.5 hours instead of 19.16 hours. She has claimed 6.95 hours amounting to €80.96.

Respondent’s Submission and Presentation:

The Respondent stated that his Accountant dealt with that matter. He made no submission on this issue

Findings

I note that the Respondent was given time to respond subsequent to the hearing.

I note that he did not address the notice issue.

In the absence of a response from the Respondent I find that she is owed 6.95 hours as claimed amounting to €80.96.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the Respondent has breached Sec 5 of this Act.

I require the Respondent to pay the Complainant €80.96 within six weeks of the date below.

Dated: 4^th May 2017