ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051457
Parties:
| Complainant | Respondent |
Parties | Sebastian Sliwka | Smaash Burger Ltd |
Representatives |
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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-00063115-001 | 26/04/2024 |
Date of Adjudication Hearing: 02/08/2024
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
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.
Background:
The Complainant alleges that he is entitled to be paid his annual leave entitlements. There was no appearance for or on behalf of the Respondent to contest the claim.
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Summary of Complainant’s Case:
Sebastian Sliwka, took the affirmation and gave his evidence as follows: The Complainant states that he is owed holidays. He doesn’t know exactly what he is owed. He thinks it is 2 days from 2023 and 1 week from 2024. In his contract he can carry his holidays forward from year to year. He requested that he be paid his holiday entitlements, but the Respondent failed and/or refused to pay him. He took holidays in 2023, He took a few weeks holidays in 2023 and two weeks plus one day. 87 hours in total. In 2024 just before he resigned took 71 hours ( 1 week and 4 days) off. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. I am satisfied that the hearing notice was sent to the correct address and that the Respondent was on notice of the hearing. |
Findings and Conclusions:
The Complainant commenced employment with Ballyseedy Restaurant on the 21.03.2022. His employment transferred to the Respondent on the 26th February 2023. He received a letter stating: “Effective from tomorrow, the 26th of February 2024,your employment will be transferred to Smaash Burger Ltd. All terms and conditions of your employment will be honoured, and your holiday entitlements will be transferred to Smaash Burger Ltd”. The Complainant states that in his contract of employment he is entitled to carry forward his holidays however the contract submitted is silent on that issue. The Organisation of Working Time Act, S19 (1) (a) 4 Weeks in a leave year in which he or she works at least 1365 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 which leave year in which he or she work at least 117 hours. ( c) 8 per cent of the hours he or she works in a leave year ( but subject to a maximum of 4 working weeks) The Complainant took two weeks holidays immediately prior to resigning his position on the 17.03.2024. Therefore, he is not entitled to holiday pay for the two weeks remaining in 2024 because he resigned in March 2024 and did not work the rest of the year. In relation to 2023 and taking into account the leave the Complainant did take, and comparing that to his statutory entitlements I find that he is entitled to two days leave amounting to €202.41 |
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.
The Complaint is well founded. The Complainant is entitled to the sum of €202.41. |
Dated: 16th September, 2024
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Holiday pay. Statutory entitlement. |