ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00005847

Parties:

Complainant    Anonymised Parties         Respondent

Driver                                                       Services Company  

Representatives   Did not attend

Complaint(s):

ActComplaint/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-00008048-001 08/11/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00008048-002 08/11/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00008048-003 08/11/2016  

Date of Adjudication Hearing: 18/10/2017 Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 27 of the Organisation of Working Time Act 1997, and/or section 6 of the Payment of wages Act 1991-] 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 Claimant claims he did not receive his proper holiday and public holiday entitlement.

Summary of Complainant’s Case:

The Claimant commenced employment with the Respondent in October 2011 on a casual worker contract. Since that time, he exhausted all procedures with various levels of management to resolve his grievances. He was advised that he was a casual employee and was not entitled to holidays. However, in 2015 he received an annual leave payment and he was assured by the Respondent that payments for the other years would be transferred to him. This did not happen. He is claiming his holiday entitlement. The Claimant has made a duplicate claim under the Payment of Wages Act 1991 for payment of his holiday entitlements.  

Summary of Respondent’s Case:

There was an unexplained absence of the Respondent.  

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. [Section 27 of the Organisation of Working Time Act 1997 Section 6 of the Payment of Wages Act 1991] As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. As the Claimant, did not lodge his complaints with the WRC until 8 November 2016 I am obliged to limit his entitlement to a six-month period as per section 27(2) of the Organisation of Working Time Act. I find the claims under this Act well founded and make the following awards Under CA-8048-001 I award €2,000.00 Under CA-8048-002 I award €600.00 Under CA-8048-003 This is a duplicate claim of the ones made under the Organisation of Working Time Act.   I award a total of €2,600.00    

Dated:   26th January 2018 Workplace Relations Commission Adjudication Officer: John Tierney

Key Words: Holidays