ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00036912

Parties:

	Complainant	Respondent
Parties	Catherine Lynch	Dr Declan Scanlon t/a Scanlon Medical Centre

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00048213-001	19/01/2022

Date of Adjudication Hearing: 15/09/2022 and 28/02/2023

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

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 and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the.

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

The Complainant gave evidence on affirmation. There was no attendance for the Respondent.

Background:

The employment relationship ended in July 2021due to the Complainant's resignation.

Summary of Complainant’s Case:

The Complainant commenced working for the Respondent on the 15 February 2012.

She worked an average 33.5 hours per week.

Her gross salary was €2700 per month.

She did not receive written employment terms and she did not receive any annual leave or public holiday pay for the period of her employment.

On the termination of her employment, she raised her outstanding entitlements with her employer and she did receive her outstanding entitlements for the period January to July 2021.

She filed a complaint with the Workplace Relations Commission on the 19 January 2022.

She explained why she did not file an earlier complaint and the interactions she had with her employer who was also her GP.

Summary of Respondent’s Case:

There was no attendance for the Respondent

Findings and Conclusions:

The Organisation of Working Time Act provides that the leave year runs from 1st April to 31st March. I am obliged to determine this issue by reference to the statutory leave year.

I accept the Complainant's submissions and am prepared to address her claim from 12 months prior to her WRC filing on the 19 January 2022.

On that basis the annual leave year applicable commenced 1 April 2020.

The Complainant's accountant helpfully prepared a calculation of the holidays due to the Complainant at 8% of the hours worked and public holidays due.

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.

This complaint is well founded. I award the Complainant €1,260.32 in respect of outstanding holiday pay and €224 in respect of outstanding public holiday pay.

Both payments are gross payments and to be taxed in the normal manner.

Dated: 10th March 2023

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

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