ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00015116

Parties:

Complaint

Date of Adjudication Hearing: 30/08/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

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

BACKGROUND.

The Complainant was employed from 1st April 2016 until the employment terminated on 21st December 2017. The Complainant was paid £750.00 gross per week and he worked 40 hours a week. He was provided with a written statement of his Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission on 31st May 2018 alleging the Respondent had breached the Organisation of Working Time Act, 1997 – 2015 in that he had not been paid his accrued annual leave on termination of his employment.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he did not receive annual leave in the year 2017 and he was not paid his accrued annual leave on termination of his employment.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled hearing on 30th August 2018.

FINDINGS AND CONCLUSIONS.

On the uncontested evidence of the Complainant and in accordance with Section 23 of the Organisation of Working Time Act, 1997 – 2015 I find as follows –

Section 23(1)(b)(ii) provides as follows – in relation to the cessation of employment of an employee………..that occurs in the first six months of the current leave year – (i) the current leave year and (ii) the leave year immediately preceding the current leave year.

Section 2 of the same Act defines the annual leave year as follows – a year beginning on any 1st day of April -.

The Complainant’s employment terminated on21st December 2017. Therefore the only annual leave year to be considered is the 2017/2018 annual leave year in accordance with Section 23 of the Act.

The Complainant worked 37.5 weeks in this leave year x 40 hours a week = 1500 x8% = 120 hours           annual leave due. I find the Complainant is entitled to payment of £2250.00 accrued annual leave due and not paid to him on termination of his employment.

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.

On the basis of the evidence, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant –

Accrued annual leave of £2250.00, subject to any lawful deductions, due and not paid on termination of the employment and

Compensation of £1000.00 for breach of Section 23 of the Organisation of Working Time Act, 1997 – 2015. These sums to be paid to the Complainant within 42 days of the date of this Decision.

Dated:   12th December 2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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