ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022129
Parties:
| Complainant | Respondent |
Anonymised Parties | A Forecourt Attendant | A Petrol Station |
Representatives | Francis Daly B.L. instructed by Branigan & Matthews Solicitors | Owners/ Directors |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029043-001 | 14/06/2019 |
Date of Adjudication Hearing: 09/03/2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 as Forecourt/ Carwash Attendant from May 2011 until 12th June 2019. The complaints were lodged to the Workplace Relations Commission (WRC) on 14th June 2019. The complainant also lodged further complaints to the Workplace Relations Commission (WRC) on 7th November 2019 (ADJ 000-25221) and this decision should be read in conjunction with the decisions relating to those complaints. |
Summary of Complainant’s Case:
In the within complaint, the complainant alleges that he did not receive a written copy of his terms and conditions of employment when he commenced working for the respondent in May 2011. He also alleges that he did not receive the appropriate Public Holiday entitlements until 2016 and that he never received the correct Annual Leave entitlements. |
Summary of Respondent’s Case:
The respondent stated that the complainant received a written copy of his contract of employment in 2017. In respect of Public Holiday entitlements, the respondent accepts that due to an oversight, the complainant did not receive the appropriate entitlements. In respect of annual leave, the respondent stated that the complainant never applied to take more than two weeks of annual leave each year and that the respondent would often suggest that he avail of his annual leave entitlements and take some time off. The respondent stated that it did not purposely breach the legislation and any breaches that have occurred are due to inadvertence on its part. |
Findings and Conclusions:
The within complaints were referred to the Workplace Relations Commission on 14th June 2019. While the complaint was submitted in accordance with the Terms of Employment (Information) Act, 1994, those complaints were addressed in Adjudication Reference Number ADJ000-25221. In the narrative of this complaint, the complainant also raises issues relating to Annual Leave and Public Holiday entitlements. While these issues were also raised in ADJ 000-25221, those complaints were submitted to the WRC in November 2019 which means that the complaints contained herein submitted on 14th June 2019, have a different cognisable period. The cognisable period of the working time complaints contained herein is 15th December 2018 – 14th June 2019. In relation to Public Holidays, the respondent accepted that the complainant did not receive his Public Holiday entitlements in respect of 25th December 2018, 26th December 2018, 1st January 2019, 17th March 2019, 22nd April 2019 or Monday 6th May 2019. (Monday 3rd June 2019 is addressed in the adjudication decision relating to ADJ-00025221.) In respect of Annual Leave entitlements, the complainant stated that in June 2019, he was paid his annual leave entitlements while he was absent on sick leave. On this issue I note that the complainant had applied for Illness Benefit and was not in a position to avail of his annual leave within the meaning of the Act, although I accept that the respondent was acting in good faith in making the payment to him. However, this issue is outside of the cognisable period of the within complaint. In this complaint the reckonable period of annual leave is 1st April 2018 – 12th June 2019 although the decision in ADJ 000-25221 takes annual leave from 1st April 2019 – 12th June 2019 into account. On that basis, this complaint will focus only on annual leave entitlements from 1st April 2018 – 31st March 2019. In that 12-month period the complainant would have accrued 20 days of annual leave. The records produced by the respondent show that the complainant was paid for three days of annual leave on 14th June 2018 and three days of annual leave on 4th January 2019. The total annual leave taken/paid for in that leave year (2018-2019) was six days. On that basis I find that the complainant has an outstanding entitlement to fourteen days of annual leave. |
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.
The complaints submitted in accordance with the Terms of Employment (Information) Act, 1994 are addressed in ADJ- 00025221. The complaint relating to Public Holiday entitlements is well founded. The respondent is directed to pay the complainant four days’ pay (€313. 60) in respect of his outstanding entitlement plus an additional €200 in compensation for the infringements of his rights under the legislation. The complaint relating to Annual Leave entitlements is well founded. The respondent is directed to pay the complainant fourteen days pay (€1,097.60) in respect of outstanding annual leave entitlement plus an additional €200 in compensation for the infringement of his rights under the legislation. |
Dated: May 20th 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Written terms and conditions of employment, Annual Leave and Public Holiday entitlements |