ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055652
Parties:
| Complainant | Respondent |
Parties | Dylan Patel | The Meal Deals Limited, Lowza Bistro |
Complaint:
Act | Complaint 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-00067751-001 | 28/11/2024 |
Date of Adjudication Hearing: 18/03/2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Summary of Complainant’s Case:
Specific Complaint CA-00067751-001 Paid holiday/Annual leave entitlement
The complainant gave evidence on affirmation He commenced employment on January 8th, 2024, as a head chef. The employment terminated on September 29th, 2024; at the time he left he said he was owed 6.85 days annual leave. He accepts that he has taken seven days’ leave. He submitted evidence of raising this with the respondent by WhatsApp on September 26th, 2024, but to no avail. The respondent’s business closed down shortly after this. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
I accept the complainant’s evidence given on affirmation that the annual leave claimed remains outstanding.
There is some confusion about his rate of pay.
He produced pay slips showing that his gross pay was €650.00 per week, and showing this netting at €617.93 after deductions.
In fact, he says that the agreement with the respondent was that he would earn €650 per week after deductions, and he provided evidence from his bank account that this is what he actually received.
I therefore accept that this is the correct statement of his wages, which, on the basis of a five day week represents €130.00 per day.
The complaint is well founded. |
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, CA-00067751-001, is well founded and I award the complainant €890.50 as payment for of the 6.85 days annual leave which remains outstanding. |
Dated: 24th March 2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Annual leave unpaid |