ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057922
Parties:
| Complainant | Respondent |
Parties | Gaspar Cristian | The Roadhouse En Route Limited |
Representatives | Self | No appearance |
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-00070427-002 | 31/03/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00070427-003 | 31/03/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00070427-004 | 31/03/2025 |
Date of Adjudication Hearing: 05/08/2025
Workplace Relations Commission Adjudication Officer: Michael MacNamee
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.
I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The Complainant was employed by the Respondent as a Restaurant Manager. His employment commenced on the 6th of March 2024 and ended on the 23rd of March 2025. The Respondent is: The Roadhouse En Route Limited, the Road House, Clongowney, Mullingar, County Westmeath, N91 DK35. The Complainant made the following claims: CA-00070427-002 A claim pursuant to Section 27 of the Organisation of Working Time Act, 1997 in respect of unpaid holiday entitlements CA-00070427-003 A claim pursuant to Section 27 of the Organisation of Working Time Act, 1997 in respect of unpaid public holiday entitlements CA-00070427-004 A claim pursuant to section 6 of the Payment of Wages Act, 1991 seeking payment in lieu of notice of termination of employment” There was no appearance by or on behalf of the Respondent. Being satisfied that the Respondent was on notice of the time, date and venue for the adjudication hearing I proceeded with the adjudication hearing in the absence of the Respondent. |
Summary of Complainant’s Case:
The Complainant represented himself and gave evidence on affirmation.
On the 23rd of March 2025, the Respondent advised the Complainant that the business was closing with immediate effect and that there was no more work available. On or about that date the Complainant received a payment into his bank account without a payslip. As he had not received his regular remuneration for the previous fortnight the Complainant assumed that this payment represented his outstanding wages for the previous fortnight. For this reason, he did not make any claim for outstanding regular remuneration.
The Complainant said that he never got any paid holidays at any time during his employment nor did her receive any payment in respect of any Public Holidays falling during his employment and he sought payment in respect of these entitlements pursuant to the Organisation of Working Time Act 1991 (as amended).
The Complainant relied on two payslips which show that he was paid fortnightly. On the fortnight ending on the 9th of February 2025 he was paid for 86.5 hours. On the fortnight ending on the 9th of March 2025 he was paid for 70 regular hours. The hourly rate of pay was €18 per hour.
Acordingly the average weekly rate of pay was as follows: 2 Weeks to 9th of February 2025 70 hours 2 Weeks to 9th of March 2025 86.5 hours Total 156.5 Divide by 150.5 by 2 = Average hours per fortnight 78.25 Divide 78.25 by 2 for average weekly hours per week 39.125 hours per week €18 (Hourly Rate) x 39.125 9average weekly hours) = Average Weekly Remuneration: €704.25
The Complainant said that in his payslip for the fortnight ending on the 9th of March 2025 he received 10 hours of holiday pay amounting to a total of €180
The Complainant did not receive payment in lieu of notice. He claimed an entitlement to one week’s pay in lieu of notice. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent. |
Findings and Conclusions:
From the payslips and the Complainant’s uncontested evidence I calculate the Complainant’s average weekly wage as follows: Payslip 2 Weeks to 9th of February 2025 70 hours Payslip 2 Weeks to 9th of March 2025 86.5 hours Total 156.5 Divide by 2 = Average hours per fortnight 78.25 Divide by 2 for average weekly hours per week 39.125 hours per week €18 (Hourly Rate) x 39.125 (average weekly hours) = Average Weekly Remuneration: €704.25
On the uncontested evidence of the Complainant, I find that the Complainant received no paid holidays or payment in respect of Public Holidays during the period of his employment as required respectively by Sections 19 and 21 of the Organisation of Working Time Act 1997 as amended. The respondent was thus in breach of these provisions and the Complainant is entitled to compensation accordingly.
Holiday Pay The Complainant was entitled to four weeks’ pay for the year in which he worked. This generates an entitlement of €2,817. However, the Respondent is entitled to credit for the 10 holiday hours paid in the sum of €180. Accordingly, I award the Complainant the sum of €2,637 by way of compensation for breach of Section 19.
Public Holiday Pay A total of 10 Public Holidays fell during the Complainant’s employment in respect of which he received no additional remuneration as was his entitlement. This equates to 2.5 weeks remuneration and accordingly I award the Complainant the sum of €1,760.62 by way of compensation for breach of Section 21.
Payment in Lieu of Notice Included in the definition of “wages” in Section 1 (1) of the Payment of Wages Act 1991 as amended is: “any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice”
The Complainant was entitled to receive one week’s pay in lieu of notice and the failure to pay this sum constitutes an unlawful deduction from the Complainant’s wages contrary to Section 5 (1) of the Payment of Wages Act 1991 (as amended). Accordingly, I award the Complainant the sum of €704.25 by way of compensation for this breach by the Respondent.
The total award made therefore is €5,101.87 in respect of unpaid remuneration. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00070427-002 – Claim well-founded – Award: €2,637 CA-00070427-003 – Claim well-founded – Award: €1,760.62 CA-00070427-004 – Claim well-founded – Award: €704.25 |
Dated: 22/08/25
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
Organisation of Working Time Act 1997 – Sections 19 and 20 - Payment of Wages Act 1991 – Section (1) – Section (5) (1) |