ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023312
Parties:
| Complainant | Respondent |
Anonymised Parties | Complainant | Company A |
Representatives | Complainant | Director |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00028396-005 | 14/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00028396-008 | 14/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029955-001 | 14/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029955-002 | 14/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029955-003 | 14/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029955-004 | 14/05/2019 |
Date of Adjudication Hearing: 22/11/2019
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant worked for Company A from until 1 July 2018. The representative of the respondent was a Director of Company which was placed in liquidation by the other Director. From 2 July 2018,the Complainants employer was Company B, employed on a new contract of employment with a different employer, represented at the hearing. She submitted claims against both employers. At the hearing, the complainant explained that in respect of Company A, her final payslip had said that she was owed €66.85 euro in holiday pay which she had not received. The complaints were received by the WRC on 14 May 2019 |
Summary of Complainant’s Case:
Organisation of Working Time Act,1997. The Complainant was informed she was owed €66.85 in holiday pay by Company A which she did not receive. No claims were set out against Company A under the Payment of Wages Act,1991 or the Transfer of Undertakings Regulations,2003. |
Summary of Respondent’s Case:
Company A was placed in liquidation by the High Court. The representative is not aware of outstanding holiday pay. |
Findings and Conclusions:
The complainant was aware of her payslip which stated she was owed holiday pay no later than July 2018. She submitted her claim to the WRC on 14 May 2019. This is outside the normal time limit for bringing a claim for holiday pay against the respondent under the Organisation of Working Time Act, as amended. She pursued her claim only after she left her employment with Company B in December 2019 and when she lodged those claims against the successor employer. I find no reasonable ground exists for extending the normal time limit. As the complainant made no case at the hearing for claims against Company A under the Payment of Wages Act,1991 or the Transfer of Undertakings Regulations,2003, there is no complaint to be considered against Company A under either Act. |
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.
Section 27 of the Organisation of Working Time Act, 1997, requires I declare if the complaint is well founded
Section 6 of the Payment of Wages Act 1991 requires that I make a decision if the complaint is well founded.
Regulation 10 of the Transfer of Undertakings Regulations requires I decide if the complaint is well founded
Complaint under the Organisation of Working Time Act,1997. I decide that the complaint against Company A for unpaid holiday pay at the termination of employment, is out of time. I declare the complaint not to be well-founded. Complaint under Payment of Wages Act,1991 I decide there is no valid claim against Company A under the Payment of Wages Act 1991. The complaint is not well founded Complaint under the Transfer of Undertakings Regulations,2003 I decide there is no valid claim against Company A under the Transfer of Undertakings Regulations,2003. The complaint is not well founded |
Dated: 1st September 2020
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Holiday pay on termination/time limit |