ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015401
Parties:
| Complainant | Respondent |
Anonymised Parties | A Lorry Driver | A Fuel Supply Company |
Representatives | In person | None |
Complaint(s):
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-00020072-001 | 28/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020072-002 | 28/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020072-003 | 28/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020072-004 | 28/06/2018 |
Date of Adjudication Hearing: 17/10/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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).
Summary of Complainant’s Case:
I started working for the Respondent as a lorry driver on 4 December 2017. My job came to an end on 7 June 2018 when after a period of sick leave the Respondent failed to pay me wages that were due to me or for holidays. I accept that on 16 August 2018 after I brought this complaint the Respondent paid to me my unpaid wages however he did not pay me my holiday entitlements and refused to do so. In terms of holidays the secretary of the Respondent told me that I was due 6 days of annual leave at a rate of €110 per day. In terms of public holidays I am owed pay for the June bank holiday Monday in 2018 for which I was not paid. |
Summary of Respondent’s Case:
No appearance |
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.
There are two complaints under the Payment of Wages Act 1991 for unpaid wages and two complaints under the Organisation of Working Time Act 1997 for unpaid holidays. CA00020072 – 001 This complaint for unpaid wages was discharged by the Respondent on 16 August 2018 and therefore this complaint is not well founded CA00020072 – 002 This complaint for unpaid wages was discharged by the Respondent on 16 August 2018 and therefore this complaint is not well founded CA00020072 – 003 As this complaint is uncontested, this complaint for 6 days of unpaid holidays is well founded and in respect of which I make an award of €660.00 CA00020072 – 004 As this complaint is uncontested, this complaint for 1 unpaid bank holiday is well founded and in respect of which I make an award of €110.00 |
Dated: 11th January 2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Pay – Holidays |