ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00039450

Parties:

Complaint:

Date of Adjudication Hearing:  15/02/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015following 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 complaint is that the Respondent failed to pay the Complainant the correct payment for annual leave.

Summary of Complainant’s Case:

The complainant states that he is owed holiday pay for 19.16 hours which is contained in payslip dated 26th June 2021.

Summary of Respondent’s Case:

The Respondent states that this complaint is out of time and no reasonable cause is shown for extending the time limit contained in the Act. 

In relation to the substantive issue, it is argued that the Respondent did not underpay the Complainant for holiday pay and in fact it was the Complainant who owed the Respondent for a negative balance of 3.27 hours.  However the Respondent is not requesting the Complainant to return this overpayment in relation to this.  The records show that the Complainant was paid 45 hours holiday pay as shown on payslips dated 17th, 24th and 31st July 2021.  The last payslip on 31st July 2021 showed the annual leave overtaken by 14.79 hours.  When annual leave due based on sick leave period is taken into account, this deficit was reduced to 3.27 hours.  It is submitted that this complaint should fail.

Findings and Conclusions:

The employment of the complainant ended on 3rd September 2021.  The time limit therefore for submitting a complaint as provided for in Section 41 (6) is 2nd March 2022.  The complaint was received by the WRC on 28th April 2022.

Section 41(6) of the Workplace Relations Act provides as follows:

“(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

Section 41 (8) provides:

(8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.”

The complaint is out of time as provided for in Section 41 (6).   I acknowledge that the complainant tried to have his queries about what he considered to have been a shortfall in payment answered over a period of time and I find that under Section 41 (8) I am satisfied that reasonable cause existed to allow me to extend the time.

In relation to the substantive issue, I note the Respondent’s evidence in relation to payment to the Complainant of holiday pay and especially that he was paid all holiday pay due by the end of his employment.  I note the hours overtaken and that the Respondent is not requesting the Complainant to return this overpayment.  The Complainant relies on a payslip that predates the payslips and payments in the Respondent’s records.  There was a clear correct balance of annual produced for the hearing by the Respondent.  In the circumstances, I find the complaint to be 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.

I find the complaint to be not well founded. 

Dated:  11th April 2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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