DWT215

1.An appeal of an Adjudication Officer's Decision No(s)ADJ-00025624 CA-00032404-001

BACKGROUND:

2.The Employer appealed the Decision of the Adjudication Officerto the Labour Court on 24 September 2020 in accordance with Section 28 (1) of the Organisation of Working Time Act 1997. A Labour Court hearing took place in a virtual setting on 4 March 2021. The following is the Determination of the Court:-

DETERMINATION:

This is an appeal by Acorn Montessori Preschool against Adjudication Officer’s Decision number ADJ-00025624, CA-00032404-001 in a complaint made by Ms Ciara Smith against her former employer alleging that she was not paid her outstanding annual leave on the cesser of her employment in contravention of Section 23 of the Organisation of Working Time Act 1997, (the Act).

The Adjudication Officer, in a Decision dated 2nd September 2020, found the complaint to be well founded and directed that the Respondent pay the Complainant compensation of €1,000.00.

The parties are referred to in this Determination as they were at first instance. Hence, Ms Ciara Smith is referred to as “the Complainant” and Acorn Montessori Preschool is referred to as “the Respondent”.

The Respondent appealed the Adjudication Officer’s Decision on 24th September 2020.

The Complainant’s commenced employment with the Respondent on 9th September 2019, her employment ceased on 15th November 2019. She worked 40 hours per week and was paid €600.00 per week.

The Respondent accepted that the sum of €486.72 was due in unpaid annual leave at the cessation of the Complainant’s employment. Immediately after the hearing before the Court the Respondent provided information to the Court declaring that the outstanding holiday payment had been made on that day to the Complainant.

Conclusion of the Court

The Court finds that the Respondent was in breach of Section 23 of the Act by not providing outstanding holiday pay owing to the Complainant at the cesser of employment. Therefore, the Court must award compensation to the Complainant for that contravention.

InVon Colson & Kamann v Land Nordrhein – Westfalen [1984] ECR 1891the CJEU has made it clear that where such a right is infringed the judicial redress provided should not only compensate for economic loss sustained but must provide a real deterrent against future infractions.

Having regard to all relevant considerations the Court concurs with the Adjudication Officer’s Decision to award €1,000.00 compensation and accordingly rejects the Respondent’s appeal and upholds the Adjudication Officer’s Decision.

For the avoidance of any doubt the award of €1,000.00 includes the €486.72 outstanding holiday pay and should be paid within six weeks of the date of this Determination.

The Court so Decides.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
DC	______________________
8 March 2021	Deputy Chairman