Complainant

Respondent

Anonymised Parties

A Chef

A Bistro

Representatives

In person

Did not attend

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-00018837-001

01/05/2018

The complainant was employed by the respondent as a Chef from the 4th April 2016 until his resignation on 10th November 2017. He worked 48 hours per week and was paid €15 gross per hour. The complaint relates to Annual Leave entitlements.

The complaint was submitted to the Workplace Relations Commission on 1st May 2018. The cognisable period of the complaint is the preceding 6-month period (2nd November 2017- 1st May 2018). The complainant resigned on 10th November 2017. The cognisable period of the complaint is within the 2017/2018 Annual Leave year. The complaint therefore concerns Annual Leave entitlements from 1st April 2017 - 10th November 2017.

The complainant stated that the respondent failed to provide Annual Leave entitlements to him for the duration of his employment. The complainant stated that he informed the respondent of its obligations and despite seeking advice from its Solicitor on the matter the respondent did not provide him with his entitlements. The complainant stated that it became clear in November 2017 that he would not be paid his entitlements and he left the employment as a result.

The respondent did not attend the adjudication hearing and was not represented.

It is regrettable that the respondent did not attend the adjudication hearing to put forward its position in relation to the complaint.

Annual Leave Entitlements

Section 19(1) of the Organisation of Working Time Act, 1997 provides as follows:

19.(1) Subject to the First Schedule(which contains transitional provisions in respect of the 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 in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or

(c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks):

provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater.

Based on the complainant working 48 hours per week, the entitlement to annual leave from 1st April 2017 – 10th November 2017 is one-third of a working week per calendar month. This equates to approximately 112 hours of annual leave between April and October. The complainant also worked approximately 60 hours from 1st November 2017up to his resignation on 10th November 2017. The complainant is entitled to 4.8 hours of annual leave in respect of work carried out in November 2017.

The complainant’s total annual leave entitlement from 1st April 2017 to 10th November 2017 is 116.8 hours at €15 per hour.

Based on the uncontested evidence of the complainant, I declare that the complaint is well founded. The respondent is directed to pay the complainant €1,752 in respect of annual leave entitlements plus an additional €500 in compensation for the infringement of the complainant’s rights under the legislation.

Annual Leave entitlements