ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011193
Parties:
| Complainant | Respondent |
Anonymised Parties | Hair Assistant | Hair Experts |
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-00014915-001 | 10/10/2017 |
Date of Adjudication Hearing: 07/03/2018
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 was employed from 3rd January 2017 until the employment terminated on 10th June 2017. The Complainant was paid €12.00 an hour and she worked on average 20 hours a week. The Complainant had not been provided with a written statement of her Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission on 10th October 2017 alleging the Respondent had breached Section 23 of the Organisation of Working Time Act in respect of accrued annual leave due on termination of the employment. |
Summary of Complainant’s Case:
The Complainant presented an exchange of emails between the Respondent and herself in which it is accepted the Complainant worked a total of 461 hours during the course of the employment and is due payment of 36.88 hours @ €12.00 an hour = €442.56. The Complainant stated she had never been paid this accrued annual leave and she lodged a complaint. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled Hearing on 7th March 2018 |
Findings and Conclusions:
The evidence presented by the Complainant in the exchange of emails between the Parties clearly shows the Respondent accepts the Complainant worked a total of 461 hours and she is therefore entitled to payment of her accrued annual leave on termination of her employment in accordance with Section 23 of the Act which provides that where the employment terminates in the first six months of the current annual leave year then the previous annual leave year can also be taken into account in calculating the accrued annual leave due. |
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 and in view of my findings and the uncontested evidence of the Complainant I declare this complaint is well founded. I direct the Respondent to pay the Complainant €442.56, subject to any lawful deductions, in respect of accrued annual leave due and not paid on termination of the employment and compensation of €200.00 for breach of Section 23 of the Organisation of Working Time Act, 1997 – 2015. |
Dated: 26.7.18
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin