ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038245
Parties:
| Complainant | Respondent |
Parties | Claire McGinn | Cadden Farm Supplies Ltd |
Representatives |
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Complaint(s):
Act | Complaint 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-00049623-001 | 11/04/2022 |
Date of Adjudication Hearing: 23/11/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020 which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Witnesses were sworn in at the commencement of the hearing.
Summary of Complainant’s Case:
The complainant commenced employment with the respondent in February 2007. She worked a four day week and up to 28 hours per week. She left work on 16 December 2020 for a hospital appointment but was admitted that same day to hospital for treatment based on her medical condition. She informed her employer and he was aware that she would be out on sick leave for an extended period due to her health condition. Subsequently, the complainant sent in medical certificates to the respondent. The complainant gave her notice of resignation in December 2021 as she had no contact from her employer for almost all of her sickness leave. The complainant is seeking her 20 days annual leave/holiday entitlement for the period January – December 2021. She states that while she did not have a written contract of employment that custom and practice was that she received 20 days annual leave in the year. |
Summary of Respondent’s Case:
The respondent stated that he was of the view that if an employee was out sick and getting sick benefit from Social Welfare that the employee was not entitled to holiday leave. |
Findings and Conclusions:
Based on the evidence heard in relation to the within complaint, I am satisfied that the complainant’s claim in relation to payment for annual leave/holiday entitlement is well-founded. I find that the respondent is in breach of Section 27 of the Organisation of Working Time Act in this regard. In the circumstances, I order the respondent to pay the complainant her entitlement to 20 days annual leave. I also order the respondent to pay the complainant €250 in compensation for its breach of the Organisation of Working Time Act. |
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 that the complainant’s claim in respect of holiday/annual leave entitlement is well founded. I order the respondent to pay the complainant her entitlement to 20 days holidays/annual leave. I also order the respondent to pay the complainant compensation in the amount of €250 for its breach of the Organisation of Working Time Act. |
Dated: 02/03/2023
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Organisation of Working Time Act, holiday/annual leave entitlement |