PWD2112

1.Appeal of an Adjudication Officer's Decision No(s) ADJ-00007054 CA-00009499-002.

BACKGROUND:

2.This is an appeal of an Adjudication Officer's Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 6 July, 2021 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Determination of the Court:

DETERMINATION:

This is an appeal by Dermot O’ Driscoll (Complainant) against decision ADJ-00007054 of an Adjudication Officer in his complaint against his then employer Cork Opera House DAC (the Respondent). The complaint was made pursuant to the Payment of Wages Act 1991 (the Act). The Adjudication Officer held that the Complaint was well founded and awarded €216.40

Background

The Complainant was employed by the Respondent as a Financial Controller from the 25^thAugust 2010 to the 9^thSeptember 2016 when his employment was terminated. The Complainant claims that he had annual leave due to him at the termination of employment . The Complaint was lodged with the WRC on 1^stFebruary 2017. The cognisable period for the purpose of the Act is 2^ndAugust 2016 to the date his employment ended 9^thSeptember 2016.

Complainant’s submission

The Complainant is seeking to claim for annual leave that he felt was owing to him back to 31^stOctober 2015. It was his submission that he was due to be paid for twenty days. The Complainant accepted that during his suspension he had applied for and been granted annual leave.

Respondent submission

It is the Respondent’s submission that they were prepared to accept the calculation of annual leave as set out by the Adjudication officer as follows:

Carry over leave 10.8 days

Annual leave accruing for 2016/2017 8days calculated on the basis of one third of a week for each month worked. Annual leave accrued and annual leave carried over gives a total of 18.8 days.

The Complainant took 15 days annual leave leaving 3.8 days. He claimed 5 days for time in lieu giving a total of 8.8 days.

It is the Respondent’s submission that the Complainant was paid for 7.16 days at the termination of his employment leaving an outstanding balance of 1.64 days.

Discussion.

The Complainant accepted in the course of the hearing that he had taken 15 days annual leave and that he had been paid for 7.16 days when his employment was terminated. Both parties agreed that the monetary value of 1.64 days is €216.40 net pay. The Court determines that in respect of the annual leave claim, the Complainant is due the sum of €216.40.

 The Court Determines that the Complainant should be paid €216.40 in respect of accrued annual leave. The Decision of the Adjudication Officer isupheld

The Court so Determines

	Signed on behalf of the Labour Court
	Louise O'Donnell
SOC	______________________
27 JULY 2021	Deputy Chairman