Complainant

Respondent

Anonymised Parties

An employee

An employer

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-00017734-003

03/03/2018

The Complainant was employed as a General Operative with the Respondent from 14/08/2017 and left on 15/02/2018. The Complainant is Croatian national and was employed by the Respondent as a result of the Respondent’s recruitment campaign in that country.

The Complainant lodges a complaint with the Workplace Relations Commission (WRC) on 03/03/2018. His complaint, under s. 27 of the Organisation of Working Time Act, 1997 alleges that he had not received his Public Holiday entitlement, at hearing it became apparent that the Complainant was looking for 4 days unpaid wages and 9.5 days holiday entitlement.

The Complainant alleges that he signed the terms of the relocation agreement and was not issued with a copy of this, he had been issued with a copy of all other documentation. It is the Complainant’s argument that he was not aware of possibility of having to repay this loan.

As the Complainant is alleging that he was not paid his final annual leave entitlement and four days wages from around the time he left employment.

1.       The complainant signed a contract of employment with the respondent dated August 16, 2017.

2.       In accepting the respondent's offer of employment, the complainant was offered and accepted the benefit of the respondent's Relocation Funding. This agreement set out the terms of reimbursement for travel and accommodation expenses up to a maximum of €1,000, vouched by receipts. The agreement specified that:

In the event that I voluntarily terminate my employment with Musgrave within twenty-four months of the effective date in my new position...I will repay Musgrave for all relocation benefits and training / induction costs provided by Musgrave Ltd in connection with the relocation and commencement of my employment. (Maximum €1,000 see above).

Repayment will be according to the following schedule:

·         Termination within first year 100%

·         Termination within 15 months 75%

·         Termination within 18 months 50%

·         Termination within 24 months 25%

·         Termination after 2 years 0%

3.       The complainant resigned his employment with the respondent by way of email on February 7, 2018 giving one week's notice. His employment ended February 15, 2018. His resignation was acknowledged by email on February 8, 2018.

4.       At the time of his resignation the complainant had accrued 71.25 annual leave hours.

5.       As per the terms of the relocation agreement €792.71 was deducted from the complainant's last payslip. This deduction was listed on the complainant's final payslip. The position was clarified for the complainant by way of letter dated March 20, 2018.

6.       As of the date of writing the balance of €207.29 is still owed to the respondent.

Respondent’s Arguments

1. It is the case of the respondent that the complainant received all his annual leave entitlement that he accrued during the period that he worked with the Company. This can be clearly seen on the complainants payslip for pay period 201808. The complainant was also paid for all hours worked by him up and until he left the Company.
2. The complainant received all his public holiday entitlements as was due to him over the Christmas period in line with The Organisation of Working Time Act 1997, whereby the employer paid the respondent a paid day off in respect of the public holiday for the 25th December 26th December and the 1st January.
3. The Respondent uploaded the Complainant P45 to revenue on the 27th February 2018 and a copy was also sent to the complainant’s home address on the 27th February.
4. In line with The Relocation agreement signed by the Complainant, as the Complainant had left within the 1st Year of his employment with the Company all monies deducted were in accordance with the agreed terms of the Relocation Agreement, an agreement signed by the complainant of which he has had the benefit of.
5. At all times the Complainant was treated fairly and consistently by the Respondent.

Conclusion

As we have shown the complainant received his annual leave, Public Holiday entitlements and received payment for all days he worked with the respondent. The deductions made from his final pay were lawful and agreed with the complainant.

I have looked at the Respondent’s submission and listened carefully to the Complainant.

I am satisfied that the Complainant was paid all monies owed to him but was unaware that he would have to re-pay the re-location monies paid to him around the time he commenced employment. In relation to the repayment of this relocation loan the Respondent has acted in accordance with the agreed procedure.

There has been no wrong doing by the Respondent and I therefore have no alternative but to deem the complaint as a failure.