LCR22386

1.Holiday Payment

BACKGROUND:

2.This dispute concerns a claim for certain payments on cessation of employment. The Worker referred this case to the Labour Court on 23 September 2020 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 24 March 2021.


WORKER’S ARGUMENTS:

3. 1. The Worker contends that he did not receive payment for annual leave entitlements upon leaving the employment and is owed €452.00..

2. The Worker was never given a contract of employment and annual leave was used for days not agreed between the Worker and Employer.

EMPLOYER'S ARGUMENTS:

4. 1. The Company rejects the claim made by the former Worker.

RECOMMENDATION:

This trade dispute came before the Court on the basis of a claim by the former worker against his former employer in the amount of €452.00. The worker confirmed to the Court at its hearing that this was the total amount claimed.

The Court notes that the employer rejects the claim in its entirety.

Having considered the written and oral submissions of the parties the Court recommends, without prejudice to the position of either party, that the matter should be resolved by payment by the former employer to the former worker of an ex-gratia payment of €226 as a gesture of goodwill and in full and final settlement of all matters before the Court at its hearing.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
OC	______________________
31 March 2021	Chairman