ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035413
Parties:
| Complainant | Respondent |
Parties | Jevgenijs Krizanovskis | Corach International Transport Ltd |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00046014-001 | 06/09/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00046014-002 | 06/09/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00046014-003 | 06/09/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00046014-004 | 06/09/2021 |
Date of Adjudication Hearing: 03/06/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 withdrew CA 46014- 001 and CA 46014 – 003 |
Summary of Complainant’s Case:
The Complainant following the affirmation gave his evidence as follows: He commenced working for the Respondent on 17th August 2020. His employment ended on 21th August 2021. He worked from the 16 July 2021 to the 23 July 2021, but he has never received a payment for those days. He made attempts to get the Respondent to pay him but to date they have not. He states that he is owed € €875.00 for that week. The Complainant agreed with Mr. Murray that he could take his four weeks annual leave all together. He took that leave from 24th August 2021. He was not paid for his annual leave which ran from 24th July 2021 to 21st August 2021. Again, he is made attempts to have the monies due to him paid but to date he had not been successful. He is owed € 2752.00. |
Summary of Respondent’s Case:
The Respondent did not appear to contest the Complainant’s complaint. |
Findings and Conclusions:
CA 46014 – 002 Annual Leave The Complainant’s uncontested evidence was that he had agreed with Mr. Murray that he could take his four weeks annual leave all together in July/ August 2021. He did that. However, he was not paid either while he was on leave or following his return. His annual leave entitlements amount to € 2752.00. Based the Complainant’s uncontested evidence I find that the complaint is well founded, and I award the complainant € 2752.00 CA 46014 - 004 Pay The Complainant stated that he was not paid for the week he worked immediately prior to his annual leave. He expected to be paid while he was on leave, but it didn’t happen. His attempts to have the money he is owed paid to him failed. He stated in evidence that he was owed € 875.00. However, I note from the payslip submitted that his basic pay was €686.00. No evidence was adduced in relation to any other sums that should be paid in addition to that. On that basis I find that the amount due and owing to the Complainant is € 686.00. The complaint is well founded. I award the complainant € 686.00 |
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.
CA 46014 -002 The complaint is well founded. I award the Complainant € 2752.00 CA 46014 -004 The complaint is well founded. I award the Complainant € 686.00 |
Dated: 2nd August 2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Annual Leave. Holiday pay. |