ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055669
Parties:
| Complainant | Respondent |
Parties | Derek Mason | Redlough Landscapes Ltd |
Representatives | Sarah Hennessy | Marta McGrail |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00067738-001 | 28/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00067738-002 | 28/11/2024 |
Date of Adjudication Hearing: 11/03/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant undertook to give his evidence under affirmation. However, the facts of the case were accepted by the respondent and no evidence in chief nor cross examination followed. |
Summary of Complainant’s Case:
The complainant submitted that he was owed four days sick leave and five days annual leave. It was also submitted that he worked for 1.5 hours on his final day in work and was not paid for that. His hourly rate was €13 per hour with a corresponding daily rate of €110.50. |
Summary of Respondent’s Case:
The respondent accepted the facts as outlined by the complainant. |
Findings and Conclusions:
The complainant submitted that the respondent had not paid him monies which were properly due to him. The respondent accepted that it had not paid the complainant in accordance with the Payment of Wages Act. On the basis of the foregoing, I find that the complaint is well founded and that the Act was contravened. The agreed shortfall amounts to €1,014, comprising 4 certified sick days, 5 days outstanding annual leave plus 1.5. hours worked on his last day in employment. |
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.
Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded and that the Act was contravened. I direct the employer to pay the employee compensation of €1,014 which I consider reasonable in the circumstances. |
Dated: 12th March 2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages – shortfall agreed – complaint well founded – award of compensation |