ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010142
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-00013220-001 | 22/08/2017 |
Date of Adjudication Hearing: 16/01/2018
Workplace Relations Commission Adjudication Officer: Michael Hayes
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 respondent employed the complainant as a part-time dispensary caretaker from the 1st of March 1990 until the 24th of February 2017. She was paid €198 and worked 18 hours per week. The parties made written and oral submission to the hearing. |
Summary of Complainant’s Case:
The complainant submits that she was never apprised of her right to statutory annual leave during her tenure. She relies on the King decision by the CJEU to advance her submission that she is entitled to full payment of outstanding entitlement. |
Summary of Respondent’s Case:
The respondent accepts that neither holiday nor public holiday entitlement was paid to the complainant’s grade. |
Findings and Conclusions:
I am constrained in that my jurisdiction is limited to national law. Accordingly, I can only deal with holiday and public entitlement embraced within the cognisable period of the Act. In this regard I can deal with statutory annual leave (s. 19) and statutory public holidays (s. 21). The relevant holiday year is from April 2016 to March 2017 and the cognisable period of complaint is from the 23rd of February 2017 to the 22nd of August 2017. The combined total of leave entitlement is 20 days (statutory annual leave) and 8 days of leave in lieu of Public Holiday in the relevant holiday year. I am satisfied that the complaint must succeed in part. |
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.
The complaint is well founded and I hereby require that the respondent pay the complainant compensation in the amount of €2,000 (say two thousand euro) which sum shall include statutory entitlement in the amount of €1,148.40. |
Dated: 17th September 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes