ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048922
Parties:
| Complainant | Respondent |
Parties | Virginia Casas Munoz | D&H Tralee Ltd |
Representatives | Self-Represented | Sarahanne Dundon |
Complaints:
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-00060109-001 | 19/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060109-002 | 19/11/2023 |
Date of Adjudication Hearing: 17/04/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
The Complainant attended the hearing having submitted documentation in advance of the first hearing. She swore an affirmation before giving her evidence.
Ms. Sarahanne Dundon appeared on behalf of the Respondent and swore an affirmation. A spread sheet was received before the hearing.
The Complainant commenced employment on 30 June 2022 as a Sandwich Artist with the Respondent, a licensee of the franchise Subway. |
Summary of Complainant’s Case:
It was the Complainant evidence that she sought to contact the Respondent on a number of occasions about her accrued annual leave and public holiday entitled following her maternity leave. No response was received from the Respondent on her request annual leave and public holidays. The Complainant provided evidence of her maternity leave ending on 25 October 2023 and sought to take annual leave for a period afterwards. She was not paid her annual leave which left her in a very difficult financial and stressful situation with a new baby and a husband who was out of work on sick leave. She confirmed that she worked 37.5 hours a week and earned €425.62 gross per week. |
Summary of Respondent’s Case:
It was the Respondent’s evidence that she was forced to close the business but accepted the Complainant was owed the following annual leave and public holiday entitlement: A total of 22.5 annual leave days were owed. A total of 7 public holidays were owed. It was Ms Dundon’s evidence that there were no funds in the Respondent company, but she was willing to pay 15 days annual leave to gross amount €1,276.88 based on hourly rate of €11.35. She committed to payment within 7 days of 17 April 2024. |
Findings and Conclusions:
It has been noted that the Complainant, a new mother with a new born baby, was left in limbo without payment from the Respondent to her annual leave and public holiday entitlements. It is simply not good enough. There was no dispute as to the Complainant’s entitlements to accrued annual leave and public holidays between the parties. Therefore, the only remaining matter is redress which is provided for in Section 27 (3) of the Organisation of Working Time Act 1997:- “A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision shall do one or more of the following, namely: (a) declare that the complaint was or, as the case may be, was not well founded, (b) require the employer to comply with the relevant provision, (c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.” CA-00060109-001 – Organisation of Working Time Act 1997 I find the complaint relating to annual leave entitlement is well founded. The Respondent gave a commitment to discharge payment for 15 days annual leave within 7 days of the hearing. However 8.5 days annual leave remain which I find the Respondent is obligated to discharge payment of pursuant to Section 19 of the Act. CA-00060109-002 – Organisation of Working Time Act 1997 I find the complaint relating to public holidays is well founded and the Complainant is entitled to 7 days public holiday entitlement. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00060109-001 – Organisation of Working Time Act 1997 The Complainant is well founded. I order the Respondent complies with its statutory obligations pursuant to Section 19 of the Act and make payment of 23.5 days annual leave entitlement to the Complainant. 23.5 days equates to a total amount of €2,001.03. CA-00060109-002 – Organisation of Working Time Act 1997 The Complainant is well founded. I order the Respondent complies with its statutory obligations pursuant to Section 21 of the Act and make payment of 7 days public holiday entitlement to the Complainant. 7 days equates to a total amount of €596.05. In making such an order consideration as to the Respondent’s financial position has been given and trust where no order of compensation has been made, that the payments will be discharged in full to the Complainant. |
Dated: 19th April 2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Organisation of Working Time – Annual Leave – Public Holidays |