ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007023
Parties:
| Complainant | Respondent |
Parties | Solicitor | Firm of Solicitors |
Complaint(s):
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-00009539-001 | 05/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00009539-002 | 05/02/2017 |
Date of Adjudication Hearing: 07/06/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 27 of the Organisation of Working Time Act 1997 and/or section6 of the Payment of Wages Act 1991] 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).
Background:
The Claimant is claiming outstanding holidays and expenses. |
Summary of Complainant’s Case:
The Claimant was employed by the Respondent for 10.5 months when her contact was terminated without explanation. The Claimant stated that she is due five and a half days holidays but the Respondent has failed to pay her. She is also claiming outstanding expenses for mileage. |
Summary of Respondent’s Case:
The Claimant actually worked 306 days for which she was paid for her holiday entitlements. The Respondent stated that she has received her proper entitlements. |
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.
I have considered the submissions of both parties. From the copies of the email correspondence between the parties I accept on the balance of probability the Claimant has received her holiday entitlement. Therefore I make the following findings; Under CA 9538-001 I do not find the claim well founded and it fails Under CA 9538-002 Under section 1(b)(i) of the Payment of Wages Act ‘expenses’ are excluded |
Dated: 31/08/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
Holidays |