ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054874
Parties:
| Complainant | Respondent |
Parties | John Carswell | Oahu Atlantic Ventures |
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-00066968-002 | 25/10/2024 |
Date of Adjudication Hearing: 30/01/2025
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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 worked full-time from 14th August 2023 as Head Chef. |
Summary of Complainant’s Case:
The Complainant worked full-time from 14th August 2023 until 22nd June 2024. He only received eight days holidays and seeks payment of the rest. The Complainant says he never received another contract of employment when he rejoined. He sought payment of his holidays and payslips but they were not forthcoming. |
Summary of Respondent’s Case:
The owner of the Respondent attended the hearing. The Respondent submits their contract of employment provides all holidays must be taken within the leave year or they are lost. Their accountants calculated the leave due for 2024. The Respondent was given two weeks to provide written submissions in reply and to provide evidence of the arrangement regarding holidays. |
Findings and Conclusions:
I heard and considered the evidence and submissions of the parties. The Complainant’s entitlement to statutory annual leave is contained in S19 of the Organisation of Working Time Act 1997 which provides for four weeks of annual leave where 1,365 hours of work are completed in a leave year. Holidays accrue pro-rata for time worked. S23 (1) (a) of the Organisation of Working Time Act 1997 provides where an employee leaves employment within the first six months of a leave year and is due holidays, the calculation of holidays should also include annual leave from the previous leave year. No evidence has been provided to support the Respondent’s submission. In the circumstances, I find the complaint is well founded and I direct payment of 8.08 days of annual leave by the Respondent to the Complainant. |
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 and I direct payment of 8.08 days of annual leave by the Respondent to the Complainant. |
Dated: 27th August 2025.
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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