ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017684
Parties:
| Complainant | Respondent |
Anonymised Parties | A Commie Chef | A Restaurant |
Representatives |
|
|
Complaint(s):
Act | Complaint 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-00022824-001 | 24/10/2018 |
Date of Adjudication Hearing: 18/12/2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andfollowing 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 was employed by the respondent as a commie chef from 4th January 2018 until the 3rd October 2018. He was paid €500.00 gross and €433.42 net per week. The complainant is claiming payment for 2 weeks holidays under the Organisation of Working Time Act, 1997. |
Summary of Complainant’s Case:
The complainant said that he notified the respondent that he was going on annual leave from the 20th September 2018 to the 3rd October 2018. On the 15th of September 2018 he gave notice that he was resigning from the employment after his holidays. He said that he was not paid for his 2 weeks annual leave. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
Sections 19 of the Organisation of Working Time Act 1997 provide: 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. I find on the uncontradicted evidence of the complainant that his complaint is well founded. I award the complainant compensation in respect of annual leave in the amount of €1,200 which is subject to any lawful deductions. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complainant’s that complaint is well founded. I award him compensation in respect of annual leave in the amount of €1,200 which is subject to any lawful deductions. |
Dated: 1st May 2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Organisation of Working Time Act 1977, payment for annual leave. |