ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023404
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Scaffolder} | {A Scaffolding Company} |
Complaint:
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-00029942-001 | 29/07/2019 |
Date of Adjudication Hearing: 30/09/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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 worked with the Respondent from 5th November 2018 to 11th June 2019. |
Summary of Complainant’s Case:
The Complainant claims holiday pay which was not paid correctly when his employment ceased. He did not receive payslips so is not aware how many hours were paid. He contacted the Respondent but no details were furnished. The Complainant worked 594 hours in 2019. He is due annual leave and 4 bank holidays. |
Summary of Respondent’s Case:
The Respondent’s Accountant provides payroll to the employer since 3rd April 2019. The Complainant was paid 8% of 216 hours worked in 2018. In 2019 the Complainant was owed 43.04 hours holidays. He took 3 days holiday pay which left 19.04 hours owed which was €324.44. This was transferred to his account on 27th June 2019. Emergency tax also owed was paid. |
Findings and Conclusions:
I have read the written submissions of the parties and considered oral submissions made. There was no appearance by or on behalf of the Respondent at the hearing. Written submissions were furnished by the Accountant for the Respondent. The Complainant gave evidence at the hearing that he worked 594 hours in 2019 and is owed payment of holidays at 8% which is €809.74. Payslips were furnished by the Respondent showing annual leave of €294.45 was paid. I find this complaint is well founded and direct payment of the remaining annual leave unpaid of €515.29 euro by the Respondent to the Complainant. The Complainant seeks payment for 4 bank holidays. The Respondent has provided payslips confirming payment of 3 of the bank holidays and no evidence of payment of the second bank holiday at Christmas 2018. The Complainant disputes a payment of 24 hours marked as paid as holidays in April 2019 as these were hours worked. I find this complaint is well founded in part and direct payment of one bank holiday of €136.32 by the Respondent to the Complainant. |
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.
I find this complaint is well founded in part and direct payment of annual leave of €515.29 euro and one bank holiday of €136.32 euro total €651.61 by the Respondent to the Complainant. |
Dated: July 2nd 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Annual leave unpaid |