ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012122
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | An Employer |
Complaint:
Act | Complaint 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-00015934-001 | 21/11/2017 |
Date of Adjudication Hearing: 20/07/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 by the respondent for approximately six months between March and September 2017. |
Summary of Complainant’s Case:
The complainant commenced with the respondent on March 27th, 2017. The employment terminated on September 22nd He did not receive any paid annual or public holiday leave in respect of the period. (He did get some days unpaid leave). There were four public holidays in the period, March 17th, May 1st, July 5th and August 7th. A submission was made on the complainant’s behalf by his father, who is a Chartered Accountant. He computed the annual leave time owed at 95.2 hours based an hourly rate of €11.91 giving a total €1133.83 The calculation for the public holidays owed is €476.40 giving a total of €1610.23 |
Summary of Respondent’s Case:
The respondent did not attend the hearing. No explanation was received for his failure to do so. |
Findings and Conclusions:
I accept the calculations submitted above on behalf of the complainant as being accurate. Additional evidence of earnings was submitted by means of sample payslips and his P45 and I find that he is due €1610.23 in lieu of annual leave and public holidays not granted. |
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 uphold complaint CA-15934 under the Organisation of Working Time Act, 1997 and award the complainant €1610.23. |
Dated: 23rd August 2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Annual Leave, Public Holidays |