ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00017675
Parties:
| Complainant | Respondent |
Anonymised Parties | A chef | A restaurant |
Complaint:
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-00022789-001 | 22/10/2018 |
Date of Adjudication Hearing: 07/12/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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 is a chef and was employed by the Respondent from 17/09/2017 until 30/07/2018. The Complainant was paid €600 per 42-hour week. When he left employment he was due accrued annual holiday entitlement of 3 weeks. The Complainant lodged his complaint with the Workplace Relations Commission on 22/10/2018. |
Summary of Complainant’s Case:
1. The Complainant has not received in respect of annual leave from 17/09/2017 to 30/07/2018. 2. When he left employment he requested that his employer, the Respondent, forward on holiday pay due to him. It has been several weeks since the Complainant contacted the Respondent and has yet to receive a response. 3. The Complainant has been advised that under the terms of the Organisation of Working Time Act, 1997 he has an entitlement to payment for any any accrued annual leave entitlement. 4. During the period of employment the Complainant only took one week of annual leave and accepts that he was paid for this. 5. Outstanding annual leave entitlement amounts to 3 weeks at €600 per week, a total of €1,800. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. Notifications in relation to the hearing were sent to the Respondent on 07/11/2018, just over four weeks prior to the hearing. |
Findings and Conclusions:
From the uncontested evidence adduced from the Complainant at hearing I am satisfied that he has a genuine complaint and has outlined his complaint in an accurate and concise manner at the hearing. The Organisation of Working Time Act, 1997 at section 19 provides as follows: 19. (1) Subject to the First Schedule (which contains transitional provisions in respect of leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “annual leave”) equal to – a) 4 working weeks in a leave year he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment), The complaint as presented by the Complainant is well found. My decision in this complaint is that the Complainant is due to be paid for three weeks annual leave, the amount he is owed is €1,800. Under section 27(3) of the Organisation of Working Time Act, 1997 I now order the Respondent to pay a sum of €1,800 to the Complainant in outstanding holiday pay. This payment should be made within 42 days from the date of this notice. |
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.
As outlined above. |
Dated: January 8th 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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