ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048969
Parties:
| Complainant | Respondent |
Parties | Anna Kurek | Jabil Healthcare |
Representatives |
| Lian Rooney IBEC |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060245-001 | 25/11/2023 |
Date of Adjudication Hearing: 02/05/2024
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.
The Complainant attended the hearing along with her husband. The Respondent was also in attendance along with their representative. As there was no dispute on the facts, it was not necessary to take sworn evidence.
Background:
The Complainant was employed as a General Operative with the Respondent from 25 March 2008 until 16 October 2023. She received an hourly pay rate of €12.69, with an additional shift premium of 26.38%. She stated that she was underpaid in respect of her outstanding holiday entitlement in her final salary payment from the Respondent. |
Summary of Complainant’s Case:
The Complainant stated in the complaint form submitted to the WRC on 25 November 2023 that she was underpaid in respect of her outstanding holiday entitlement in the amount of €929.74 in her final salary payment on 2 November 2023. |
Summary of Respondent’s Case:
Following receipt of the WRC complaint form, the Respondent reviewed the calculations of the annual leave payment made to the Complainant at the end of her employment. Further to this, it was realised that there was a potential underpayment of €296.69, due to the fact that the Complainant was paid annual leave at the statutory annual leave rate as opposed to the more favourable company annual leave entitlement. On 18 April 2024, the Respondent issued a payment to the Complainant to the amount of €929.79. This was the full amount the Complainant believed she was underpaid. The payment was broken down on the payslip as follows: · Holiday payment €296.69 · Ex-Gratia payment €633.10 The Respondent paid the ex-gratia amount to the Complainant as a goodwill gesture to bring the complaint to a close. |
Findings and Conclusions:
The Complainant stated in the complaint form submitted to the WRC that she was underpaid in respect of her outstanding holiday entitlement in the amount of €929.74. She accepted at the hearing that she had subsequently received this payment from the Respondent in April 2024. As it was not disputed that she received all of the outstanding monies that she stated were owed to her, I find that this complaint is not 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.
I find that the complaint is not well founded for the reasons set out above. |
Dated: 6th June 2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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