ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011769
Parties:
| Complainant | Respondent |
Anonymised Parties | A Pharmacist | A Pharmacy |
Representatives |
|
|
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00015693-001 | 09/11/2017 |
Date of Adjudication Hearing: 20/03/2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
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 by the respondent as a supervising pharmacist from the 6th of June 2017 until the 22nd of September 2017. He is claiming that he was not paid his annual leave entitlements under the Payment of Wages Act, 1991 when he ceased the employment. The respondent denies that there is any outstanding pay due to the complainant. |
Summary of Complainant’s Case:
The complainant claim that he was not given his full statutory holiday entitlements on the cessation of his employment with the respondent. He said that he worked 42 hours per week and he was correctly paid for these hours. He said that he was paid for the June and the August Public Holidays and on the cessation of his employment he was paid 24 hours holiday pay and he believes there is a balance of 32 hours holiday pay owed to him. |
Summary of Respondent’s Case:
The respondent denies that the complainant has not been paid his full holiday entitlement. The complainant did not work 42 hours per week and this is clear from the signed records. He frequently requested time off and this was taken as annual leave. It was submitted that he was overpaid and there is no outstanding holiday pay due to him. |
Findings and Conclusions:
I have examined the records and the pay slips for the relevant period. I note that the complainant was paid for working a total of 654.50 hours from the 6th of June 2017 until the 21st of September 2017. He was also paid 7 hours for the June public holiday, 8 hours for the August public holiday and 24 hours holiday pay in September. I calculate the complainant’s holiday entitlement as follows: 654.50 hours worked x 8% = 52.36 holiday hours due, minus 24 hours already paid = 28.36 hours outstanding x €20.36 nett per hour = €557.41. Therefore, I find that the complaint is well founded and that the complainant is entitled to outstanding pay in respect of annual leave in the amount of €577.41 nett. |
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 find that the complaint made pursuant to the Payment of Wages Act is well founded and pursuant to section 6(1) of the Act, I direct the respondent to pay to the complainant €577.41 nett in outstanding holiday pay. |
Dated: 08/10/18
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Payment of Wages Act, 1991, holiday pay. |