ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021686
Parties:
| Complainant | Respondent |
Anonymised Parties | An Administrator | A Private Healthcare Group |
Representatives |
|
|
Complaint(s):
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-00028415-001 | 14/05/2019 |
Date of Adjudication Hearing: 04/07/2019
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The complainant commenced employment with the respondent on 30 June 2018. Her employment ended on 19 March 2019. The complainant lodged a complaint with the WRC on 14 May 2019. |
Summary of Complainant’s Case:
The complainant submits that on leaving her employment with the respondent she was due 4 days or 32 hours pay in lieu of unused annual leave. However, she was only paid 18.5 hours of this amount when she left the company, leaving an outstanding balance of 13.5 hours due to her. During the hearing the complainant amended her final claim to 4 hours. |
Summary of Respondent’s Case:
The respondent provided a detailed written submission particularising the complainant’s annual leave and pay records. The respondent submits that the complainant’s annual leave balance remaining at the end of her employment totalled 17.33 hours, which was rounded up to 18 hours and paid in the complainant’s final pay package. The respondent maintains that the amount paid to the complainant for her outstanding annual leave is correct. The respondent also pointed out that the complainant was paid a discretionary bonus of €500.00 in her final pay. |
Findings and Conclusions:
While not doubting the bona fides of the complainant, I find the respondent’s record keeping of a high order and the evidence supplied to be detailed, accurate and compelling. |
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.
The complaint is not well founded. |
Dated: 25th September 2019
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Record keeping, annual leave. |