ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047212
Parties:
| Complainant | Respondent |
Parties | Yingqi Song | Cohen & Co. Chartered Accountants Limited |
Representatives | Self Represented | Sweeney McGann Solicitors |
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-00058005-003 | 31/07/2023 |
Date of Adjudication Hearing: 31/01/2024
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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.This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public.
Background:
The Complainant complained that she had not received her annual leave entitlement/payment when her contract of employment was terminated. The Complainant was employed from 03rd January 2023 to 03rd July 2023 where she worked as a Trainee Accountant. She was paid €2083.33 (gross) on a monthly basis. |
Findings and Conclusions:
An initial Hearing was held in November 2023 into the above complaint and due to some difficulties with an agreement reached and implemented between Representatives and the Complainant dismissing her Representation at the commencement of the November Hearing, the complaint was relisted for January 2024. The Complainant advised the reconvened Hearing that all leave entitlement payments due had been received at the time of the Hearing. |
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 the complaint not well founded. |
Dated: 11/03/2024
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Leave |