ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020794
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Cook} | {A Catering Company} |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027390-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
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 worked for the Respondent from 17th April 2018 to 16th March 2019. He did not receive his annual leave in 2018. |
Summary of Complainant’s Case:
The Complainant was paid 10 euro per hour. His hourly rate increased to 10.25 euro in the second week of January 2019. He did not take his annual leave in 2018. He did not receive his annual leave for 2018 and received an incorrect payment in respect of annual leave for 2019 when he left. He worked 1,298.5 hours in 2018. His annual leave due is 103.48 x 10 euro which is 1,038.00 euro. The Complainant did receive a payment of 35 holiday hours in January 2019 when he took time off. and the balance due is 684.40 euro. |
Summary of Respondent’s Case:
The Respondent says the Complainant took 5 days paid leave in January 2019 which came out of his 2018 holidays. The Complainant did not seek holidays in 2018, and these would have been given if he asked. The Respondent kept the Complainant’s hours up even though it was not commercially viable in the first year. It is a small business. He increased the hourly rate of the Complainant, as well. It is a start up business. |
Findings and Conclusions:
I have heard and considered the written and oral submissions of the parties at the hearing. The Complainant’s claim is for annual leave of 1,038 euro for unpaid leave from 2018. He accepts that he was paid for 35 hours in January 2019, which the employer allocated as leave from 2018. The reduced holiday pay due is 684.40 euro. I find the complaint is well founded and I direct payment of 684.40 euro gross arrears of holiday pay together with 1 weeks wages of 369.00 euro compensation by the Respondent to the Complainant. |
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 the complaint is well founded and I direct payment of 684.40 euro gross arrears of holiday pay together with 1 weeks wages of 369.00 euro compensation by the Respondent to the Complainant. |