ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031725
Parties:
| Complainant | Respondent |
Parties | Ewa Ostyk-syrewicz | Wellington Quay Dental Services Unlimited Company |
Representatives | Complainant | No Attendance |
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-00042086-001 | 20/01/2021 |
Date of Adjudication Hearing: 05/08/2021
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 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 named Respondent as a dentist from May 2019 until 31 December 2020. The complaint relates to the calculation of her holiday pay from May 2019 until November 2020. She disputed the calculation over a long period. Payments received in 2020 were not accepted as a settlement as she considered that an underpayment remained. These are the facts as set out in the complaint form and associated documents. The hearing was held remotely in accordance with enabling legislation. There was no appearance by or on behalf of the Respondent. As I was informed by staff that notice of the hearing issued to the email address provided by the Complainant and also by post and that a member of staff attempted to contact the respondent by telephone on Tuesday August 3rd and Wednesday August 4th but the messages and calls were not returned-I am satisfied that every reasonable effort was made by the WRC to inform the named respondent of the hearing and to provide the details of the link to the virtual hearing.
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Summary of Complainant’s Case:
See Background and Findings below |
Summary of Respondent’s Case:
See Findings below |
Findings:
The employment relationship of the Complainant was transferred from the named Respondent to a different employer and legal entity on 31st December 2020. This was notified to the Complainant on 1 December 2020. As there was a transfer of undertakings, it is the successor employer (the transferee) who becomes responsible for the liabilities of the previous employer (if any). As such, the complaint against the previous employer is not well founded. |
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-00042086 Organisation of Working Time Act 1997 The complaint against Wellington Quay Dental Services (Unlimited Company) is not well founded. |
Dated: 17-08-2021
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Underpayment of holiday pay |