ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006684
Complaint(s):
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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-00009087-001 | 15/01/2017 |
Date of Adjudication Hearing: 29/08/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed as a Bar Tender in hotel from 15th July 2015 until 28th of January 2016. He was paid €495.00 gross per week. He claims he did not receive his holiday pay entitlements. His Complaint Form was received by the WRC on 15th January 2017. The Respondent did not attend the hearing. |
Summary of Complainant’s Case:
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Summary of Respondent’s Case:
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Findings and Conclusions:
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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.
The Complainant submitted his claim to the WRC on 15th January 2017. The claim relates to the alleged non payment of holiday pay in the period from 15th of July 2015 to 28th January 2016. The Workplace Relations Act 2015 states in Section 6; “subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him 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 refers.”
Accordingly as the claim relates to a period of time before six months of the date of submission of the claims to the WRC I deem the claim to be out of time and not well founded.
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Dated: 18/10/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Holiday pay, Out of time |