ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00012288

Parties:

	Complainant	Respondent
Anonymised Parties	Complainants	Did not attend

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-00016308-001	13/12/2017

Date of Adjudication Hearing: 07/03/2018

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned Act, 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 respondent employed the complainant as a machine operator in the period from 25th of April 2016 until the 27th of September 2017. He was paid €9.25 per hour and his hours per week varied. The parties were notified of the time, date and venue set for hearing.

Summary of Complainant’s Case:

The complainant submits that he did not receive his accrued annual leave entitlement on cessation of the employment despite the fact he has brought the same to the respondent’s attention on numerous occasions. A part of the problem is that no allowance has been made for accrual of annual leave in the period of his certified absence from May to September 2017. He asserts that he is entitled to 9.2 days of annual leave.

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.

Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. I hereby require that the respondent pay the complainant €1,130.80 (say one, thousand one hundred and thirty euro and 80 cent) being €630.80 for annual leave accrued and €500 in compensation for breach of s. 23 of the Act.

Dated: 27.4.18

Workplace Relations Commission Adjudication Officer: Michael Hayes