ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007457
Parties:
| Complainant | Respondent |
Anonymised Parties | Security Officer | Security Company |
Complaint:
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-00010100-001 | 07/03/2017 |
Date of Adjudication Hearing: 05/10/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 has been employed with the Respondent Company as a Security Officer since Sept 2015. The Complainant is paid €11.05 an hour effective from June 2017 and he works 20 hours a week on average. The Complainant referred a complainant to the Workplace Relations Commission on 7th March 2017 alleging the Respondent had breached Section 19 of the Organisation of Working Time Act, 1997. |
Summary of Complainant’s Case:
The Complainant stated that he is owed 87.76 hours annual leave. He was paid for but had not received his full annual leave entitlements for the 2016/2017 annual leave year. The annual leave year runs from April to March. He stated that he was on sick leave for the month of January and on his return, he had 49 hours annual leave due to him. He did not have sufficient time to take all this leave and the Respondent stated they would pay him instead for all outstanding leave due to him. He received a payslip in March 2017 and this indicated he had been paid for 23.24 hours annual leave. However, he was never paid and this is less than what he is owed. He emailed payroll division and was informed he had received all his entitlements. |
Summary of Respondent’s Case:
The Respondent stated that the Complainant had availed of annual leave in July 2016 and was paid for 4 weeks (64.52 hours). There was a shortfall of 23.24 hours unpaid and this was paid on 8th March 2016. The Complainant worked a total of 1097 hours x 8% = 87.76 hours due. He was paid for 64.52 hours and the balance has now been paid. The Respondent provided payslips to the Hearing but some payslips were missing and these were requested to be forwarded by the Respondent post the Hearing but the Respondent did not do so, as the Complainant was removed from the roster due to an expired GNIB card for the periods, weeks 28,31,32,36,37 and 38 and was not rostered for work |
Findings and Conclusions:
On the basis of the evidence from both I find as follows There was no dispute between the Parties but that the Complainant took and was paid for 64.52 hours in July 2016. There is no dispute between the Parties but that the Complainant was paid 23.24 hours on 8th March 2017. Therefore, I find that the Complainant has been paid his annual leave entitlements for the 2016/2017 annual leave year. The complaint was submitted to the WRC on 7th March 2017. Therefore, I do not have jurisdiction to make any recommendation in relation to the 2017/2018 annual leave year. |
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.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaint is not well founded. The Complainant has been paid his annual leave entitlements for the 2016/2017 annual leave year. The Complainant took and was paid for 64.52 hours taken in 2016 and he was paid his outstanding annual leave due of 23.4 hours on 8th March 2017 and evidence was provided in relation to this. |
Dated: 19 January 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Annual leave for 2016/2017 annual leave year – not well founded. |