Complainant

Respondent

Anonymised Parties

A Creche Worker

A Creche Owner

Representatives

None

No appearance

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-00038893-001

24/07/2020

The Complainant, a creche worker, left her employment in June 2020. On departure she was due two days holidays and had not been provided with an updated pay slip from November 2019. This complaint relates to the holiday pay. The provision of the pay slip lies more properly within an ongoing investigation by the WRC Inspectorate.

When I left my employment in June 2020 I was owed two days of holiday pay arising from the period January to June 2020. Despite several requests I was not provided with this.

My pay is €120 per day gross and I am due payment for two holidays.

No appearance

Prior to the Adjudication Hearing the Respondent contacted the WRC on 28 October 2020 by email. She indicated that for a reason which was specified, she would not be in a position to deal with this complaint either that week or the following week (ending 6 November 2020) She stated that while she requested that any payment to the Complainant be made subject of the Complainant furnishing information to her, she did not seek to assert that payment was not due and owing to the Complainant in respect of holidays. She stated that she would email the pay slips to the Complainant.

The WRC emailed the Respondent indicating that a remote hearing would proceed on 11 November 2020 to which no reply from the Respondent was received.

Having been satisfied that the Respondent was properly on notice of the Adjudication Hearing and no application for an adjournment having been received from the Respondent, I proceeded to hear the evidence of the Complainant on an uncontested basis.

The Complainant is from Spain and intends to return to Spain as soon as possible after the Covid restrictions are lifted. Prior to doing so she wished to settle her pay dispute with her employer and receive payslips for the period November 2019 to June 2020.

She finished work with the Respondent on 25 June 2020 at which time she was aware that she was owed two days of holiday pay. These arose within the six-month period before her complaint was brought.

She claims two days holiday pay at a rate of €120 per day, ie. A total of €240.

I am satisfied based on the uncontested evidence of the Complainant that this amount is due and owing to the Complainant and I find the complaint to be well-founded.

Holidays are protected statutory rights and are not subject to information being provided to an employer, nor to any other condition.

The Complainant also sought that a pay slip issue to her for the period November 2019 until June 2020. The Complainant had not received a payslip since October 2019. The Complainant explained that she will require this to show proof of continuous work when she returns to Spain.

However, this is a matter which falls more properly within the jurisdiction of the Inspectorate of the WRC and I note that an investigation in this regard is ongoing. I note too that the Respondent stated by email to the Adjudication Services of the WRC that she would email the pay slips to the Complainant.

However the jurisdiction of the Adjudicator is confined to the complaint in relation to holiday pay.

For the above reasons I find the complaint is well founded and I award the Complainant €240.

Holiday pay