ADJUDICATION OFFICER DECISION.
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
| Complainant | Respondent |
Anonymised Parties | An employee | A public house. |
Representatives |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00029509-001 |
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 was employed by the Respondent from 6th May 2005 until 15th February 2019 at which time the Respondent ceased trading. The Complainant worked 19 hours per week for which she received a gross payment of €195.40 per week. This complaint was received by the Workplace Relations Commission on 8th July 2019. |
Summary of Complainant’s Case:
On the cessation of employment on 15/02/2019 the Complainant had accrued holiday entitlement / pay of €887.20 that remains unpaid. |
Summary of Respondent’s Case:
The Respondent does not dispute the facts as presented by the Complainant. |
Findings and Conclusions:
Section 23(1) of the Organisation of Working Time Act 1997 is appropriate and reads as follows: (1) Where – (a) an employee ceases to be employed, and (b) the whole or any portion of the annual leave in in respect of the current leave year or, in case the cesser of employment occurs in the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee, the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case maybe, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. In this instant case the Complainant is due to be paid the gross sum of €887.20 and I now order the Respondent to make this payment to the Complainant within 42 days from the date of this decision. This payment is a gross payment and is subject to statutory deductions. |
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.
As outlined above. |
Dated: 10.9.19
Workplace Relations Commission Adjudication Officer:
Key Words:
Holiday entitlement / pay. |