ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00008209

Parties:

  A WorkerRetail Pharmacy  

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00010934-001 24/04/2017 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00010934-002 24/04/2017   Date of Adjudication Hearing: 09/08/2017 Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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).  

Summary of Complainant’s Case:

The claimant was employed as a Supervising Pharmacist with the respondent from the 26th.Sept. 2016 to the 7th.Jan. 2017.The claimant was given notice of termination of her employment on the 7th.Dec.2016 owing to a decline in sales .The claimant submitted the respondent was in breach of the Payment of Wages Act1991 for failing to pay her outstanding wages in respect of days worked on the 28th.Dec. 2016 and the 2nd.-5th.Jan. 2017. The claimant submitted the respondent was in breach of the Organisation of Working Act 2017 for failing to pay the claimant any holiday pay - it was estimated that the claimant was due 51hours in outstanding holidays amounting to €1,479.It was submitted that the respondent was also in breach of the Act for failing to pay the claimant for public holidays arising during the Christmas and New Year period .  

Summary of Respondent’s Case:

The respondent did not attend and was not represented at the hearing    

Decision:

Section 41 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. CA-000100934 Payment of Wages Complaint The claimant clarified that subsequent to the making of the complaint , the respondent paid outstanding wages and accordingly this element of the complain was settled. CA-00010934-002 Organisation of Working Time Act 1997 On the basis of the uncontested evidence of the claimant I find the complaint with respect to annual leave and public holidays to be well founded and require the respondent to pay the claimant €1,479 for monetary loss for outstanding annual leave and I find that she is owed for 3 public holiday (25/36Dec.2016 and 1st.Jan.2017) and I require the respondent to pay the claimant €739.50 for the monetary loss arising from same.I require the respondent to pay the claimant €500 compensation for the breach of the claimant’s statutory annual leave entitlements and €250 for the breach with respect to public holidays.I require the respondent to pay the specified amounts within 42 days of the date of this decision.

Dated:   14/12/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea Key Words: