ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023860
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner | A contract cleaning company. |
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-00030366-001 | 19/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030366-002 | 19/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00030366-003 | 19/08/2019 |
Date of Adjudication Hearing: 12/11/2019
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations, 2015 Act, and Section 27 of the Organization of Working Time Act, 1997 and Section 7 of the Terms of Employment (Information) Act, 1994 andfollowing the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant had worked for the Respondent from December 2018 to May 2019 as a cleaner. He has since resigned but has complaints under the Acts mentioned above in respect of holiday pay due and pay for a public holiday due. At the hearing he acknowledged that he had, in fact, received a written contract of employment, so withdrew this complaint – CA-00030366-003. |
Summary of Complainant’s Case:
The outstanding complaints put forward by the complainant are: CA-00030366-001, taken under Section 27 of the Organisation of Working Act, 1997 and refers to the complaint that he was not paid for the Public Holiday on St. Patrick’s day, 2019. CA-00030366-002, taken under Section 27 of the Organisation of Working Act, 1997 and refers to the complaint that he was not paid for untaken leave due at the time he left the Respondent’s employment. He is seeking payment due under both complaints. |
Summary of Respondent’s Case:
The respondent did not appear nor was he represented at the hearing. The representative of the complainant said it was extremely difficult to establish contact with the Respondent on behalf of the complainant. |
Findings and Conclusions:
I find that the complainant was not paid for the St. Patrick’s day Public Holiday and is due 32 Euro and 40 cent. I also find that he was not paid for annual leave due, but not taken. This amounts to 6.7 days at 32euro and 40 cents per day = 217 euro and 08 cents. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I am required to make decisions in relation to the complaints under the Terms of the Organisation of Working Time Act under the relevant redress provisions of that Act.
I find that the Complainant is due the amounts detailed in the findings, above and the amounts due must be paid without further delay. |
Dated: 09-12-2019
Workplace Relations Commission Adjudication Officer: David Mullis
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