ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007751

Parties:

	Complainant	Respondent
Anonymised Parties	Welder	Construction Company

Representatives

Complaint:

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-00010404-001	24/03/2017

Date of Adjudication Hearing: 24/08/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, and following the referral of the 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 from 1^st November 2016 until the employment terminated on 30^th January 2017. The Complainant was paid €481.00 gross per week (paid at €12.00 an hour) and he worked 37 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 24^th March 2017 alleging the Respondent had breached the Organisation of Working Time Act, 1997 – 2015 in relation to both his annual leave and Public Holiday entitlements.

Summary of Complainant’s Case:

The Complainant stated that he had worked 39.8 hours in January 2017 but had not been paid his annual leave entitlement on termination of the employment.

The Complainant stated that he had not received his Public Holiday entitlements in relation to 25^th/26^th December 2016 and also in relation to New Year’s Public Holiday on 2^nd January 2017.

Summary of Respondent’s Case:

The Respondent did not attend the scheduled Hearing on 24^th August 2017.

Findings and Conclusions:

On the basis of the evidence and on the uncontested evidence of the Complainant I declare the Complaint is well founded.

Section 23. This provides that on termination of the employment an employee is entitled to be paid for any accrued annual leave. The evidence was that the Complainant worked 39.8 hours in January 2017 but was not paid his accrued annual leave of €38.21 (39.8 hours x 8% x €12.00 an hour)

Section 21.The Complainant stated that he was not provided with his Public Holiday entitlements for 25^th and 26^th December 2016 and 2^nd January 2017. Section 21 of the Act of 1997 – 2015 provides that an employee should be entitled to (a) a paid day off on a Public Holiday or (b) a paid day off within a month of the Public Holiday (c) an additional day of annual leave or (d) an additional day’s pay. The Complainant stated that he was not paid for these three Public Holidays nor was he provided with any additional annual leave. On the uncontested evidence of the Complainant I declare the complaint is well founded. The Complainant is entitled to payment of one day’s pay for each Public Holiday = €288.00

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 and on the basis of my findings above I declare the complaints are well founded. I direct the Respondent to pay the Complainant –

€38.21 in respect of annual leave due and not paid on termination of the employment

€288.00 in respect of three Public Holidays – 25^th and 26^th December 2016 and 2^nd January 2017 and

Compensation of €300.00 for breach of Sections 21 and 23 of the Organisation of Working Time Act, 1997 – 2015.

These sums to be paid to the Complainant within 42 days of the date of this Decision.

Dated: 26.10.2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words:

OWTA Section 21 and Section 23