ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference:  ADJ-00028284

Parties:

Complaint(s):

Date of Adjudication Hearing:  03/02/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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.

Organisation of Working Time Act 1997

This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

Background

The claimant commenced employed with the respondent in May 2014. In December 2017 she became ill and she has submitted sick certificates to the respondent every month. On the 16th of December 2019, the claimant sent notice to the respondent to terminate her employment and requested payment of overdue annual leave and statutory holidays.

The claimant stated that she asked the respondent for her holiday pay of 20 days a year and her 9 Public holidays totalling 58 days, but she got no responses.

It was submitted that on the 13th February 2020 she (claimant)received a cheque form the respondent for €1422.14, without any explanation for what the period this amount was for. It was submitted that the claimant asked for clarification for what period the amount covered and asked for detailed information on how much it should be for a holiday and how much for Public holidays.

The claimant stated despite repeated requests she received no reply from the respondent.

The respondent stated in correspondence dated the 7th of October ’20 that the claimant was   entitled to 25 days annual leave, that she already received 20 days and bank holidays for the first 6 months from February 2017 until July 2017. The bank holidays come to 4th March, Easter, May, and June.  With a cheque for €710 gross for the outstanding balance.

Findings

The claimant made written submission while the respondent provided details at the hearing.

I find that the claimant went out on sick leave in December 2017 and in December 2019 she (claimant) handed in her resignation in writing to the respondent.

I find that the claimant requested her annual leave along with her public holiday that had accrued to be paid to her.

I find in accordance with the ECJ ruling the claimant was entitled to annual leave for a maximum period of 15 months while on sick leave and on that basis the respondent paid the claimant the sum of €1422.14 net (gross €1550) for that period.

I find she was entitled to payment of public holidays for a 6-month period under the Organisation of Working Time Act 1997 and she (claimant) received payment of €710 gross.

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.

I find that having considered all evidence I find that the claimant has received her full entitlements under the act.

Dated:   23rd July 2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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