ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055709
Parties:
| Complainant | Respondent |
Parties | Роман Кистол | Everright Civils Limited |
Representatives | The claimant represented himself | The respondent did not attend and was not represented at the hearing |
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-00067777-001 | 29/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00067778-001 | 29/11/2024 |
Date of Adjudication Hearing: 24/02/2025
The foregoing complaints are duplicate complaints and accordingly only one decision will issue.
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 27 of the Organisation of Working Time Act 1997following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s)
The claimant submitted that the respondent was in breach of the Organisation of Working Time Act 1997 for failing to pay him his annual leave entitlement when he terminated his employment with the company on the 31st.Oct. 2024.The respondent did not attend and was not represented at the hearing.
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Summary of Complainant’s Case:
The claimant was employed as a multi task attendant/ general operative/ driver with the respondent and submitted the respondent was in breach of the Act when he failed to pay the claimant his annual leave entitlement when he worked 32 weeks for the company in 2024 – from the 24.03.2024 to the 1st.Nov.2024.The claimant advised that all communication with the company was via text messages and that he wrote via text to the respondent seeking payment for outstanding holidays but the monies remained outstanding . |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Findings and Conclusions:
On the basis of the uncontested evidence of the claimant , I am upholding the complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I require the respondent to pay the claimant €2,073.60 in respect of holiday pay and €300 compensation for this breach of the Act . |
Dated: 13th March 2025.
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words: