ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008118

Parties:

Complaints:

Date of Adjudication Hearing: 07/09/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, and 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 from 22^nd December 2014 until the employment terminated on 30^th November 2016. The Complainant was paid €9.15 an hour and she worked 24 hours a week. The Complainant was on Maternity Leave from 30^th May 2016 to 30^th November 2016. The Complainant referred a complaint to the Workplace Relations Commission on 11^th April 2017 alleging the Respondent had breached the Organisation of Working Time Act, 1997 – 2015 in relation payment of accrued annual leave on termination of the employment and a complaint in relation to Public Holiday entitlements while she was on Maternity Leave.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that she was entitled to payment of 12 days annual leave. In 2016 she was employed for 11 months from January 2016 to 30^th November 2016 and she is claiming an entitlement of 11 days. The Complainant stated she was paid for 3 days annual leave in June 2016 and is claiming payment of 8 days annual leave.

The Complainant is claiming payment for the following Public Holidays during her period of Maternity Leave – 6/6/2016 – 1/8/2016 – 31/10/2016 – She stated she was not paid for these Public Holidays.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 7^th September 2017.

FINDINGS AND CONCLUSIONS.

On the basis of the evidence and on the uncontested evidence of the Complainant I find as follows –

Section 22 of the Maternity Protection Act, 1994 provides that while a woman is on Maternity Leave “the employee shall be deemed to have been in the employment of the employer and, accordingly, while so absent, the employee shall….be treated as if she(or he) had not been so absent”. The Employee retains all their rights in relation to annual leave and Public Holidays.

Section 23. Organisation of Working Time Act, 1997 – 2015. The Complainant confirmed that the annual leave year was from January to December. She confirmed that she had been paid for three days annual leave in June 2016. The Complainant worked from January 2016 to 30^th May 2016 when she commenced statutory Maternity Leave which ended on 30^th November 2016. The Complainant worked 24 hours a week x 48 weeks = 1152 hours worked x 8% = 92.16 hours annual leave due minus 24 hours annual leave paid in June 2016 = 68.16 hours annual leave due x €9.15 an hour = €623.66

Section 21 of the Act of 1997 – 2015. This provides that an employee is entitled to payment of a day’s pay or an additional day’s annual leave. The Complainant is claiming payment in respect of 3 Public Holidays. However this complaint was submitted to the WRC on 11^th April 20217 therefore in accordance with Section 41(6) of the Workplace Relations Act, 2015 the only Public Holiday that is covered by this complaint is the October Public Holiday. The Complainant is entitled to payment of 8 hours x €9.15 an hour in respect of the October 2016 Public Holiday =€73.20.

Decision:

Section 41 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.

In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaints are well founded in part.

CA-00010783-001 Section 23 of the Organisation of Working Time Act, 1997 – 2015

I declare this complaint is well founded. I direct the Respondent to pay the Complainant her annual leave entitlement of €623.66 within 42 days of the date of this Decision. I also direct the Respondent to pay the Complainant compensation of €100.00 for breach of Section 23 of the Act which provides that an employee is entitled to payment of accrued annual leave on termination of the employment.

CA-00010783 -002 Section 21 of the Organisation of Working Time Act, 1997 – 2015

I declare the complaint is well founded in part. I direct the Respondent to pay the Complainant –

€73.20 in respect of the October 2016 Public Holiday and

Compensation of €100.00 for breach of Section 21 of the Act. This to be paid to the Complainant within 42 days of the date of this Decision.

Dated:   14/11/17

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words: