Complainant

Respondent

Parties

Julia  Hazel

Veganic Moon Foods Ltd

Representatives

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-00050144-001

02/05/2022

The Complainant was employed as a part-time Sales Assistant by the Respondent from 22 July 2019 to 12 December 2021 and was paid €731.40 per month. She stated that she did not receive her outstanding holiday entitlements in her final payment from the Respondent.

The Complainant stated that she did not receive payment of her outstanding annual leave pay when she left her employment. She is seeking payment for the balance of her annual leave entitlements from the beginning of the leave year to when she left her employment on 12 December 2021. She stated that she is owed 19 days leave which on a pro-rata basis amounts to 60.42 hours. 

The Respondent did not attend on the day of the hearing to give evidence.

The Law

Article 7 of the Working Time Directive (2003/88/EC) sets out the entitlement to paid annual leave as follows:

“Annual Leave 1.  Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.  2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is ended.”    

This provision is transposed into Irish lay by virtue of the enactment of Sections 19, 20 and 23 of the Organisation of Working Time Act.

Section 19 of the Organisation of Working Time Act 1997 outlines that an employee’s annual leave entitlement is based on the amount of time that they have worked during the year as is calculated in three ways:

(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):

Section 20 (1) deals with the times at which annual leave is granted to an employee and this is determined by the employer subject to a number of provisions:

(a)   The employer taking into account-

(i)               The need for the employee to reconcile work and any family responsibilities,

(ii)              The opportunities for rest and recreation available to the employee.

(b)   To the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than one month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and

(c)    To the leave being granted within the leave year to which it relates or, with the consent of the employee, within 6 months thereafter.

(2) The pay in respect of an employee’s annual leave shall –

(a) be paid to the employee in advance of his or her taking the leave,

(b) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and ….”

Findings:

The Complainant stated that she did not receive payment of her outstanding annual leave pay when she left her employment. She is seeking payment for the balance of her annual leave from the beginning of leave year to when she left her employment on 12 December 2021. She stated that she is owed 19 days leave, which on a pro-rata basis amounts to 60.42 hours.  

Having considered her uncontradicted evidence, I find that the complaint is well founded.

CA-00050144-001:

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 €1,000 for the unpaid annual leave, which also incorporates a compensation component in accordance with section 27(3) of the Act above.