ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013575

Complaint.

Date of Adjudication Hearing: 19/07/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 andfollowing 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 from 2nd October 2017 until the employment terminated on 9th December 2017. The Complainant was paid £9.50 an hour and he worked 35 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 6th March 2018 alleging he had not been paid his annual leave entitlements on termination of the employment.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he had not been paid his annual leave entitlements on termination of his employment. He worked 35 hours a week and did not receive any annual leave during the course of his employment. He provided his payslips and P45 at the Hearing and he stated these show he had not been paid annual leave.

FINDINGS AND CONCLUSIONS.

Section 23 of the Organisation of Working Time Act, 1997 provides that on termination of the employment an employee is entitled to be paid all accrued annual leave in the current annual leave year. The evidence of the payslips was that the Complainant had never been paid his accrued annual leave on termination of the employment.

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.

On the basis of the evidence and the uncontested evidence of the Complainant and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant his accrued annual leave entitlement of 22.4 hours annual leave at £9.50 an hour = £212.80, subject to any lawful deductions, within 42 days of the date of this Decision. I also direct the Respondent to pay the Complainant compensation of £300.00 within 42 days of the date of this Decision for a breach of Section 23 of the Organisation of Working Time Act, 1997 - 2015

Dated:   6th September 2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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