ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00026116

Parties:

	Complainant	Respondent
Anonymised Parties	A Worker	A Company

Representatives

N/A

Complaint(s):

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-00033105-001	16/12/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00033106-001	16/12/2019

Date of Adjudication Hearing: 19/02/2020

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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 claimed that he was not paid for outstanding holidays in respect of the 2018/2019 annual leave year.

Summary of Complainant’s Case:

The complainant stated that he is owed 21 days annual leave for the holiday year 1st April 2018 to March 31st 2019.

Summary of Respondent’s Case:

Despite being notified in writing of the time and date of the hearing, the respondent did not attend to give evidence.

Findings and Conclusions:

When asked why he had failed to submit the complaint form within the statutory six-month period, the complainant explained that he had been recovering from a very serious car accident and did not have the capacity to do so. I have accordingly exercised my discretion and extended the time period to twelve months. The complainant is therefore eligible to claim for any holidays due to him during the 2018/2019 period.

The complainant has claimed for 21 days annual leave for the holiday year 1st April 2018 to March 31st 2019. Given that the evidence was uncontested, I find that the complaint is well founded and that the respondent should pay the complainant €2,300 in respect of the outstanding holidays as well as an additional compensation payment in the amount €200.

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.

CA-00033105-001: I find that the claim is well founded and that the respondent should make a payment of €2,500 to the complainant in respect of the breach of the Act.

CA-00033106-001: This complaint is identical to CA-00033105-001.

Dated: 7th September 2020

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Key Words: