ADJ-00008752

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008752

Parties:

	Complainant	Respondent
Parties	General Assistant	Chinese Restaurant

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organization of Working Time Act, 1997	CA-00011542-001	24/05/2017

Date of Adjudication Hearing: 17/08/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

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 is employed as an Assistant. She worked full time up to the time of her illness and was paid €380.40 per week. She has claimed that she was not given holiday entitlement while she was out sick.

Summary of Complainant’s Case:

She stated that she went out sick on 20^th July 2015 to 7^th August 2016. She did not get holidays for that period. From 1^st August 2015 the decision of the Court of Justice of the European Union rulings was implemented into Irish law. She raised this with her employer but they declined. She is claiming for the 4 week’s holiday pay.

Summary of Respondent’s Case:

The Respondent stated that her contract of employment did not provide for the accrual of holidays while out sick. They took advice from their accountant who affirmed this.

If the law has changed they will of course apply it.

Findings and Conclusions:

The law has changed with effect from 1^st August 2015 when the Organization of Working Time Act was amended.

Employees out sick now accrue holiday entitlement for a maximum period of 15 months.

In this case the period of absence that may be considered is 1^st August 2015 (when the law was changed) to 7^th August 2016.

I find that the contract of employment specifies the holiday year running from 1^st January to 31^st December.

I find that the Complainant is owed 20 days holidays for the period claimed amounting to 4 X 380.40 = €1,521.60.

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.

I have decoded that the Respondent has breached Sec 19 of this Act.

I require the Respondent to pay the Complainant €1,521.60 for the economic value of the holidays.

This is to be done within 6 weeks of the date below.

Dated: 29/08/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Key Words:

Holiday accrual on sick leave