ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038867
Parties:
| Complainant | Respondent |
Parties | Alexandra Skavronskaja | Avia Capital Leasing Limited |
Representatives | Terry Gorry Terry Gorry & Co Solicitors | Mr Stanislav Dobshevich |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00050148-004 | 02/05/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00050148-005 | 27/09/2022 |
Date of Adjudication Hearing: 30/11/2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021, the Parties were informed in advance that the Hearing would be in Public, that testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all.
The matter was heard by way of remote hearing on 30 November 2023, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
Background:
The Complainant commenced employment with the Respondent on 23 January 2012 as a Senior Finance Manager. She worked an average of 40 hours per week and was paid €6,300 gross per month. The Complainant’s employment ended on 26 April 2022. The Respondent is a Russian aircraft leasing company. |
CA-00050148-004 Complaint under the Unfair Dismissals Act, 1977.
This complaint was withdrawn by the Complainant at the outset of the hearing.
CA-00050148-005 Complaint under the Organisation of Working Time Act, 1997.
Summary of Complainant’s Case:
The Complainant provided a written submission. The Complainant gave evidence on Affirmation at the hearing. The Complainant stated that she had taken all her leave in 2021 but she had not taken any leave in the period January 2022 to April 2022. She was therefore owed leave pro-rata to this period. |
Summary of Respondent’s Case:
The Respondent provided a written submission. The Respondent’s representative put forward that according to the company records the Complainant had accrued six days leave and was therefore due €1,949. |
Findings and Conclusions:
I find the Complainant is due six days pay in lieu of her annual leave. |
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 complaint is well founded and I order the Respondent to pay the Complainant €1,949. |
Dated: 15-04-2024
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Holiday Pay |