ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046529
Parties:
| Complainant | Respondent |
Parties | Iannetta Pasquale | Drive Service |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
|
|
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-00057192-001 | 19/06/2023 |
Date of Adjudication Hearing: 19/06/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant as well as the Respondent’s Human Resources Manager attended the hearing. As the Complainant’s evidence was not disputed, it was not necessary to take evidence either on oath or affirmation.
Background:
The Complainant asserted that although he was entitled to 83.5 hours of holiday pay when his employment ended on 15 June 2023 he did not receive the payment. |
Summary of Complainant’s Case:
The Complainant was employed as a Deli Assistant by the Respondent and was paid €11.30 per hour. He stated that he was owed 83.5 hours holiday pay when his employment ended on 15 June 2023 but did not receive payment of same. |
Summary of Respondent’s Case:
The Respondent accepted that the Complainant was owed 83.5 hours holiday pay and acknowledged that he had not received payment of same. |
Findings and Conclusions:
As it was not disputed by the Respondent that the Complainant did not receive his outstanding holiday entitlements, I find that this complaint is well founded. |
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 Law Section 27(3) of the Organisation of Working Time Act, 1997 states the following: (3) 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. This complaint is deemed well-founded for the reasons set out above. I make an award of €1,250 for the unpaid annual leave, which also incorporates a compensation component in accordance with section 27(3) of the Act above. |
Dated: 28/08/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|