ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007630

Parties:

Complaint:

Date of Adjudication Hearing: 02/08/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

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

The Complainant was employed from 24^th October 2016 until the employment terminated on 24^th February 2017. The Complainant was paid €612.00 gross per week and she worked 35 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 19^th March 2017 alleging the Respondent had breached Section 23 of the Organisation of Working Time Act, 1997 – 2015 in relation to payment of 2 days annual leave on termination of the employment.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that she had 5.5 days annual leave due. She took and was paid for 3.5 days and is claiming payment of the remaining 2 days.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent confirmed at the Hearing that the Complainant was due accrued annual leave not paid on termination of the employment.

Section 23 (1) of the Organisation of Working Time Act, 1997 – 2015 provides as follows – (a) Where (i) an employee ceases to be employed, and (ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee the employee, shall as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay….he or she would have received had he or she been granted that annual leave.

The Complainant confirmed in an email post the Hearing dated 14^th August 2017 that she had received 3 days payment from the Respondent in relation to her complaint. I did request the Complainant in an email dated 15^th August to confirm if her complaint was now withdrawn. There was no response.

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.

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare the complaint is well founded. However the Complainant has confirmed that she has been paid her accrued annual leave, paid to her post the Hearing. However I find that the Respondent has breached Section 23 of the Act and accordingly I direct the Respondent to pay the Complainant compensation of €100.00 within 42 days of the date of this Decision.

Dated:   12/9/17

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words: