ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00025656

Parties:

	Complainant	Respondent
Anonymised Parties	Senior developer	Employer

Representatives

none

Ciaran Loughran

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032496-001	26/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032496-002	26/11/2019

Date of Adjudication Hearing: 31/03/2021

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

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 is a senior developer who worked for the Respondent from 2nd February 2015 to 31st October 2019.

Summary of Complainant’s Case:

The Complainant was asked to hand in his notice to move to a contract position. He used his holidays during his notice period. He was not paid holidays due even though he was not allowed take holidays. No contract or full wage was paid after he handed in his notice.

Summary of Respondent’s Case:

The Respondent denies the complaints and can produce payslips and working time records to confirm the alleged contraventions did not occur. Annual leave taken exceeded the Complainant’s entitlement to leave, this was deducted on termination. The Respondent is entitled to take into account operational reasons when assessing annual leave requests.

Findings and Conclusions:

There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint 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.

The complaints are not well founded.

Dated: May 14th 2021

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Key Words: