ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023918
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Food Service Provider |
Representatives | Citizens Information Centre | N/A |
Complaint(s):
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-00030572-001 | 30/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030572-002 | 30/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00030572-003 | 30/08/2019 |
Date of Adjudication Hearing: 16/10/2019
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 Complainant worked as a chef for the Respondent from 7th October 2017 until 2nd May 2019. During this period, she claimed that she only received 20 hours holiday pay in respect of her entire annual leave entitlements and did not receive any payment in respect of public holidays. She also claimed that she did not receive a copy of her written terms and conditions of employment. |
Summary of Complainant’s Case:
CA 00030572-001: The Complainant alleged that she did not receive her full annual holiday entitlement of 20 days during the course of her employment with the Respondent. She stated that the only holiday payment she received was for 20 hours, which was paid on 15th October 2018. CA 00030572-002: The Complainant alleged that she did not receive any payment in respect of public holidays over the course of her employment. CA 00030572-003: The Complainant alleged that she did not receive a copy of her written terms and conditions of employment. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing on the day to present evidence. I am satisfied that the Respondent was made aware of the date and time of the hearing in writing on 18th September 2019. |
Findings and Conclusions:
CA 00030572-001: The complaint in relation to the failure by the Respondent to pay annual leave entitlements was made to the Workplace Relations Commission on 30th August 2019 and is in time for the leave year 2018/2019 which is deemed to have ended on 31st March 2019 as well as the 2019/2020 holiday year which commenced on 1st April 2019. It is out of time however in respect of the leave year 2017/2018 which ended on 31st March 2018. Given that the Complainant did not receive her full entitlement of 20 days holidays per leave year and that the Respondent did not attend the hearing to present any defence, I find that her complaint is well founded. I make an award of €1,176 in respect of the holiday year 2018/2019, which reflects the non -payment of 20 days annual leave and takes into account the 20 hours that were paid to her in October 2018. I make a further award of €132 which reflects the annual leave entitlement in respect of the 4.8 weeks worked from 1st April 2019 to 2nd May 2019. CA 00030572-002: The complaint in relation to the failure by the Respondent to pay public holiday entitlements was made to the Workplace Relations Commission on 30th August 2019. It is therefore out of time in respect of any public holidays before the end of February 2019. Given that the Complainant did not receive her entitlement of 5 public holidays after the end of February 2019 and that the Respondent did not attend the hearing to present any defence, I find that her complaint is well founded and award her €440 in respect of these 5 days. CA 00030572-003: The Complainant stated that she did not receive a copy of her written terms and conditions of employment. Given that the Respondent did not attend the hearing on the day to suggest otherwise, I consider that this complaint is well founded and make an award of €1,372. |
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.
CA 00030572-001: I find that this complaint is well founded and make a total award of €1,308 in respect of the annual leave payments for the years 2018/2019 and 2019/2020. CA 00030572-002: I find that this complaint is well founded and make a total award of €440 in respect of the public holiday days. CA 00030572-003: I find that this complaint is well founded and make an award of €1,372 |
Dated: 27th November 2019
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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