ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00016247
Parties:
| Complainant | Respondent |
Anonymised Parties | A mechanic | A Motor Repair Business |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021091-001 | 10/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021092-001 | 10/08/2018 |
Date of Adjudication Hearing: 14/11/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
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 complaints / disputes 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:
No paid annual leave or public holidays given |
Summary of Complainant’s Case:
1. The Complainant started work as a mechanic for the Respondent on 27 November 2018 2. His employment ended 15 June 2018 3. For the 6.5 months that he worked for the Respondent he was not paid any annual leave 4. He is withdrawing his complaint for public holidays in that he accepts that whilst it was not recorded properly on his pay slip that he was paid for the bank holidays during his employment. 5. He is seeking payment for unpaid annual leave days 6. He accepts that he took off 2 days, specifically on 8 and 9 March 2018 but these were unpaid days. |
Summary of Respondent’s Case:
No appearance. The Respondent filed a letter with the WRC indicating his view that the Complainant was paid for public holidays. In respect of annual leave, the Respondent indicated that the Complainant had taken leave days during his employment but this letter did not refer to when or how many days of annual leave were taken or if the Complainant was paid for these days. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints / disputes in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having been satisfied that the Respondent was on notice of the Adjudication hearing and there being no appearance on or on behalf of the Respondent at the hearing I proceeded to determine the matter in the absence of the Respondent and on the basis of the Complainant’s evidence alone. CA-00021091-001. The complaint for unpaid public holidays was withdrawn at the hearing. No award is made. CA-00021091-002. This complaint for annual leave for 6.5 months of work is uncontested and I find it to be well founded. I award the sum of €745.00. This claim is brought under the Payment of Wages Act 1991 and this is made on a calculation of 6.5 months based on a one third of a week net salary. The net salary being €344.00 per week. Award: €745.00 |
Dated: February 20th 2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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