ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00055082

Parties:

	Complainant	Respondent
Parties	Aidan Davis	Anzco Limited (in Voluntary Liquidation) Anzco Limited Anzco Limited

	Complainant	Respondent
Anonymised Parties

Representatives

James Clancy,

James Clancy and Associates,

Liquidator.

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00067151-001	04/11/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act, 1997	CA-00067151-002	04/11/2024

Date of Adjudication Hearing: 07/04/2025

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or complaints. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered.

In particular, the Complainant herein has referred one complaint:

The Complaint herein relates to a contravention of The Organisation of Working Time Act 1997 and in particular to a contravention under Section 19 of the Act which sets out those circumstances which give rise to annual leave entitlements. So that an Employee becomes entitled to Annual leave equal to:

4 weeks in a leave year in which the Employee has worked 1365 or more;

1/3 of a working week in each month that the Employee has worked in excess of 177 hours;

8% of the hours worked up to 4 working weeks

Pursuant to Section 27 of the Organisation of Working Time Act 1997 (as amended), a decision of an adjudication officer as provided for under Section 41 of the Workplace Relations Act shall do one or more of the following:

(i) Declare the complaint was or was not well founded;
(ii) Require the Employer to comply with the relevant provision;
(iii) Require the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration.

The Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 was withdrawn.

Background:

This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing.

The specific details of the dispute are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 4th of November 2024. The Complainant articulated his complaint as follows:

I received my redundancy, but I am owed holiday pay for13 days for the sum of €1,560

Whilst the Complainant framed this complaint as a Redundancy matter, I am satisfied that this is in fact a claim under the Organisation of Working Time Act, and I accordingly added a complaint under that Act.

Statutory Redundancy has already been paid.

Summary of Complainant’s Case:

The Complainant was not represented and made his own case. The Complainant gave an oral account of his employment and the cessation thereof. He additionally relied on the submission set out in the Workplace Relations Complaint Form.

The Complainant alleges that when the company went into voluntary liquidation, he was owed annual leave.

Where it also became necessary, I explained how the Adjudication process operated with particular emphasis on the burden of proof which had to be attained by the Complainant in the first instance.

Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.

Summary of Respondent’s Case:

The Respondent did not attend. I am satisfied that the Respondent was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 14th of February 2025 – and sent to the Liquidator’s address. The Respondent had previously set out his position to the WRC in a letter sent to the WRC on the 20th of February 2025 wherein he had confirmed that there were no available funds to cover payments to employees or creditors.

I am advised by the Complainant that the Liquidator did assist with the claim he made for Statutory Redundancy previously discharged.

Findings and Conclusions:

The Complainant commenced his employment in and around August of 2019. In and around January of 2024 the company went into voluntary liquidation and ultimately a Liquidator was appointed to oversee this voluntary process. I am satisfied that the parties engaged, and that the Liquidator so appointed oversaw the process for securing Statutory Redundancy and Minimum Notice. However, it soon became clear that here would not be funds to satisfy any ongoing issues concerning other lawful claims. The Complainant issued a complaint form seeking his accrued annual leave entitlements in November of 2024 and I am satisfied that he has demonstrated that the failure to present the complaint of the contravention of the Act within the first six-month period was due to reasonable cause.

The Complainant has given evidence that when he was made Redundant, he was entitled to 13 days of accrued annual leave. As the Complainant was earning €843.00 per five-day week I am satisfied that his daily gross rate of pay was €169.00

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.

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00067151-001 – This complaint was withdrawn

Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act, 1997

CA-00067151-002 - The complaint herein is well founded, and the Employer ought properly have paid the Complainant in lieu of the accrued leave he had earned in the course of the Employment.

In the circumstances I require that the Employer pay to the employee compensation in the amount of such amount of €2,197.00 which is calculated on the basis of 13 days at a rate of €169.00 per day.

Dated: 16th of June 2025

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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