ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00010190
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | An employer |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00013285-001 | 24/08/2017 |
Date of Adjudication Hearing: 03/04/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 by the Respondent in January 2016 as a manager. The Complainant commenced maternity leave in early December 2016. Early in her maternity leave the Complainant received an email from her employer informing her that the business was to be sold and that monies owed would be paid in January 2017, this did not happen. Despite numerous attempts to contact the owner of the business the Complainant has not managed to contact him. |
Summary of Complainant’s Case:
The Complainant was on Maternity Leave that had commenced early in December 2016. Prior to the commencement of her Maternity Leave she had been trying to utilise her holiday entitlement for which the Respondent failed to pay. When she contacted him he informed her that this was a mistake and that it would be rectified in the next pay run. The Complainant received no monies from the Respondent and has calculated the value of untaken holidays is €700. |
Summary of Respondent’s Case:
The Respondent failed to attend the hearing. Several attempts to contact the Respondent were made and these have all failed. The Respondent has failed to reply to emails sent by the WRC to him. |
Findings and Conclusions:
At hearing I went through the complaint with the Complainant and accept her version of events. |
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.
I order the Respondent to pay the sum of €700 to the Complainant representing payment for untaken holiday entitlement during her employment. This sum should be paid within 20 days of the date of this recommendation. |
Dated: 18 May 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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