DWT1921

This is an appeal by Mr Sean Healy (‘the Complainant’) against a decision of an Adjudication Officer (ADJ-0014846/CA-00019263-001, dated 29 May 2019) under the Organisation of Working Time Act (‘the Act’). The Complainant’s Notice of Appeal was received by the Court on 24 June 2019. The Court heard the appeal in Galway on 11 September 2019.

The Complainant was employed by the Galway Centre for Independent Living (‘the Respondent’) from 29 March 2015 until 11 December 2017. The within appeal relates to payment in lieu of untaken annual leave that the Complainant accrued during that part of the statutory leave year beginning on 1 April 2017 during which the Complainant continued in the employment of the Respondent. The Complainant submitted that he was owed payment in lieu of 9 days’ annual leave.

The Factual Matrix

At the outset of the hearing, the following facts were agreed between the Parties, with the assistance of the Court. The period encompassed by the claim is the period 1 April 2017 to 11 December 2017; during that period the Complainant accrued a total of 113.28 hours’ annual leave (based on a 40-hour week); also during the period encompassed by the claim, the Complainant availed himself of 106 hours’ annual leave; the balance due to him, therefore, at the termination of his employment was 7.28 hours.

Post-Hearing Correspondence with the Parties

Shortly after the hearing, written details of the payment made to the Complainant by the Respondent on 14 December 2017 were submitted to the Court on behalf of the Respondent. The details furnished indicated that the Complainant had been paid for 10 hours’ untaken annual leave on the termination of his employment. The details were furnished to the Complainant and he was invited to make written observations in response to the Court. The Complainant provided the Court with a lengthy written response in which he did not deny that in fact he had received payment in lieu of 10 hours’ accrued annual leave as per the documents furnished by the Respondent.

Decision

The Court finds, therefore, that the appeal is not well-founded. The Complainant received his full statutory annual leave entitlement from the Respondent in respect of the relevant period. The decision of the Adjudication Officer is, therefore, set aside.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
CR______________________
26 September, 2019Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.