ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004578
Complaint for Resolution:
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-00006649-001
25/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00006649-002
25/08/2016
Date of Adjudication Hearing: 27/02/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
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 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.
Representative
Niamh Walsh Solicitor. Padraig Lyons BL
Witnesses
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Darren Scott
Complainant’s Submission.
The complainant stated that in 2015 she only took one weeks holiday and is entitled to two additional weeks.
In 2016 she didn’t take any holidays and is entitled to three weeks.
The complainant was unable to provide any details in relation to her claims.
Respondent’s Submissions.
The complainant’s claim in relation to her 2015 holiday pay is statute barred. In any event the complainant was paid the sum of € 300 on the 31ay, 2016 which was made up of her final week pay and her holiday entitlements for the year 2016.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint pursuant to Section 27 Organisation of Working Time Act, 1997 in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 41 (6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.
The complainant states that she is entitled to two weeks holiday paid for the year 2015. The complainant lodged her claim with the WRC on 25.08.2016 which is outside of the 6 month time period referred to in Section 41 (6). No application was made pursuant to Section 41 (8).
I find that the complainant’s complaint CA 6649-001 fails.
I am satisfied based on the documentary evidence submitted that the complainant has been paid her entitlements for the year 2016.
I find that the complainant’s complainant CA 6649 – 002 fails.
Dated: 23rd May 2017