ADJUDICATION OFFICER DECISION.
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
| Complainant | Respondent |
Anonymised Parties | A chef | A restaurant owner |
Representatives |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00028584-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 was employed in the Respondent’s restaurant from 16/01/2017 until his resignation on 30/11/2018. The Complainant was employed as a chef and earned €487.50 per 39-hour week.
This complaint was received by the Workplace Relations Commission on 21st May 2019.
Summary of Complainant’s Case:
Due to an accident at home the Complainant was unfit to attend work from 28/08/2017 until the date of his resignation, 30/11/2018. During this period the Complainant states that he supplied medical certification to the Respondent on a regular basis. The Complainant believes he has an outstanding level of holiday entitlement due and this has not been paid to him. The sum involved has been calculated by the Complainant, the sum is €3,467.81. |
Summary of Respondent’s Case:
The dates of absence are not being disputed. The Respondent claims that she was not receiving medical certification from the Complainant and that the last certificate received covered the period from 26th September 2017 until 2nd October 2017. |
Findings and Conclusions:
Section 86 (1) of the Workplace Relations Act of 2015 enacts legislation which grants employees who are on medically certified sick leave the right to accrue holiday entitlement during periods of sick leave which is covered by medical certification. In this instant case the Respondent contends that she was not receiving medical certificates from the Complainant whilst the Complainant contends that he was sending medical certificates to the Respondent. In reaching a conclusion in this complaint it is now necessary for the Complainant to supply written verification from his GP that he was medically certified as unfit for work during the period specified above. The Complainant should supply this verification to the Respondent as quickly as possible. On receipt of such written verification the Respondent should pay the Complainant the holiday entitlement accrued during this period. The Complainant has calculated this figure to be €3,467.81, I have studied the method of calculation and believe this is a correct figure. As this figure represents pay the figure of €3,467.81 is a gross figure and should be subject to statutory deductions. The payment should be made within 42 days from the date of this decision. |
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.
As outlined above. |
Dated: 10.9.19
Workplace Relations Commission Adjudication Officer:
Key Words:
Annual Leave entitlement during periods of sick leave. |