ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006142
Parties:
| Complainant | Respondent |
Anonymised Parties | A Meat Worker | A Meat processing company |
Complaints 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-00008448-001 | 29/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008452-001 | 29/11/2016 |
Date of Adjudication Hearing: 23/03/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 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.
Summary of Complainant’s Case:
The complainant was employed by the respondent and attended at a number of its meat plants throughout Ireland. His employment commenced on January 2nd 2014 and terminated on September 1st 2016. His complaint is that he was not given annual leave in that period or his entitlement to public holidays. |
Summary of Respondent’s Case:
The respondent did not attend the hearing or provide any explanation for its failure to do so. |
Findings and Conclusions:
I accept the complainant’s evidence that he did not receive his statutory holiday entitlements. However, I make my award only in respect of the twelve month period up to the termination of his employment due to the inadequacy of the evidence offered for the total period. The complaints are duplicates and therefore I make a finding only in respect of one of them. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I uphold complaint CA-00008448-001 and award the complainant four weeks pay at the rate of €233.16 gross per week and subject to statutory deductions. I also award him nine days pay in lieu of public holidays in the amount of €419.00 gross. CA-00008452-001 is a duplicate complaint and it is not upheld. |
Dated: 15 May 2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
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