ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046950
Parties:
| Complainant | Respondent |
Parties | Magdalena Dziuk-Kosecka | Mk All About Food t/a 'Sami Swoi' |
Representatives | Self represented | No attendance |
Complaint:
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-00057736-001 | 16/07/2023 |
Date of Adjudication Hearing: 10/01/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Background:
The complaint is that the Respondent failed to pay to the Complainant the correct payment for annual leave accrued in accordance with the Organisation of Working Time Act 1997.
Summary of Complainant’s Case:
The Complainant stated that in her final payment from the Respondent she was paid for 24.57 hours annual leave accrued. She contends that the payment should have been 32.18 hours. Her hourly rate was €12.50. She based her calculation on 8% of hours worked.
Summary of Respondent’s Case:
The Respondent did not attend the hearing.
Findings and Conclusions:
Section 23 (1) of the Organisation of Working Time Act 1997 provides:
Where - |
(a) an employee ceases to be employed, and |
(b) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee, | |
the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. |
Section 19 of the Act provides for the calculation of annual leave as follows:
(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment), | ||
(b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or |
| |
(c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks): |
| |
Provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater.
The Complainant provided a copy of the contract of employment and relevant payslips which supported her claim. Based on her uncontested evidence, I find that her complaint is well founded and that the Respondent should pay to the claimant the value of 7.61 hours pay which is €95. |
| |
|
| |
|
| |
|
| |
|
| |
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.
Based on the uncontested evidence and reasoning above, I have decided that the Complainant’s complaint is well founded. I require the Respondent to pay to the Complainant the sum of €95.
Dated: 16-01-2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Payment for annual leave accrued. Complaint well founded. |