ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020900
Parties:
| Complainant | Respondent |
Anonymised Parties | An Administration Clerk | A Property Company |
Representatives | In person | Did not attend |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act, 2015 | CA-00027537-001 | 05/04/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00027537-002 | 05/04/2019 |
Date of Adjudication Hearing: 30/07/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant was employed by the respondent from 1st February 2002 until her redundancy on 25th September 2018. The complainant also submitted a complaint relating to unpaid redundancy entitlements (ADJ000-20684 refers). This complaint relates to Notice entitlements and outstanding Annual Leave and Public Holiday entitlements. |
CA- 00027537-001 Minimum Notice complaint
Summary of Complainant’s Case:
The complainant stated that she was made redundant on 25th September 2018 while she was absent on sick leave. The complainant stated that she did not receive her entitlement to Notice as provided for in the legislation. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
Time Limits Section 41(6) and 41 (8) of the Workplace Relations Act, 2015 provides as follows: “(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.” “(8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.” In the instant case, the complainant was made redundant on 25th September 2018. The complaint relating to notice entitlements was submitted on 5th April 2019 which is outside of the statutory six-month period for the referral of complaints to the WRC. There was no application to extend time and therefore I must find that the complaint is statute barred. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having considered the complainant’s submission and on the basis that the complaint was submitted to the WRC outside of the statutory six-month time period for the referral of complaints, I find that the complaint is out of time and is therefore statute barred. |
CA- 00027537-002 Annual Leave and Public Holidays
Summary of Complainant’s Case:
The complainant stated that when her employment ended by reason of redundancy on 25th September 2018, she had outstanding Annual Leave and Public Holiday entitlements due to her. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
The complaints were submitted to the WRC on 5th April 2019. There are separate cognisable periods for each complaint. In respect of Public Holiday entitlements, the cognisable period of the complaint is the previous six-month period from the referral date i.e. 5th October 2018 – 5th April 2019. I find that as the complainant was not in the employment of the respondent since 25th September 2018, there was no accrual of Public Holiday entitlements during the cognisable period of the complaint. Accordingly, the complaint in relation to Public Holidays does not succeed. In respect of Annual Leave entitlements, the complaint submitted on 5th April 2019 has a cognisable period from 1st April 2018 to 5th April 2019. The complainant was on Sick Leave from 1st April 2018 until her redundancy on 25th September 2018. In that period of 5 months and 17 working days the complainant continued to accrue Annual Leave entitlements of 1.66 days per month (x5) and 1.4 days in respect of the month of September. In total the complainant was entitled to 9.7 days of Annual Leave at the date of her redundancy. The complainant’s salary was €82.00 gross per day. The complainant has a total outstanding entitlement of €795.40 in respect of Annual Leave. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having considered the complainants submission in relation to Public Holidays, I find that the complaint is not well founded. In respect of Annual Leave entitlements, the complaint is well founded. The respondent is directed to pay the complainant €795.40 in respect of outstanding Annual Leave entitlements. |
Dated: 13th November 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Notice Entitlements, Annual Leave entitlements, Public Holiday Entitlements |