ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047583
Parties:
| Complainant | Respondent |
Parties | Robert Greene | Capita Customer Solutions |
Complaint:
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-00058606-001 | 01/09/2023 |
Date of Adjudication Hearing: 24/01/2024
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Summary of Complainant’s Case:
The complainant gave his evidence on affirmation. He says that the workplace software which records hours and leave due showed him as being owed 199.5 hours annual leave. He confirmed in evidence that his contract of employment stated his annual leave entitlement as being twenty days. He also confirmed that n the course of his six months’ employment he took three days annual leave. He submitted an email from the respondent HR department which acknowledged that he was owed two days‘ public holidays, which he accepted as factual. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
It is not clear how the respondent’s software systems could have generated information that showed the complainant having an entitlement to almost five weeks’ annual leave in a six-month period, or perhaps more accurately how the complainant could have interpreted the information to mean that. He accepts that his total annual leave entitlement is four weeks, so how he could have believed that he had accumulated an entitlement to something in excess of this in only six months was not something he could explain, nor indeed is any explanation possible on the basis of simple mathematics. However, I find that having taken three days’ leave in the period he retains an entitlement to another seven days leave. Also, in the basis of the respondent’s email to him I find that he is entitled to a further two days in respect of public holidays: a total of nine days. The complainant did not bring documentary evidence in respect of his salary but stated it to be €24,300 per annum, which I calculate as €506.25 weekly. I therefore award him €911.25 in respect of nine days’ annual leave 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.
For the reasons set out above Complaint CA-00058606-001 is well founded and I award the complainant €911.25. |
Dated: 13th February 2024
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Annual Leave |