ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001829
Complaint(s)/Dispute(s) for Resolution:
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
Date of Adjudication Hearing: 20/04/2016
Workplace Relations Commission Adjudication Officer: Ray Flaherty
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following 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 Respondent did not attend the Hearing.
Complainant’s Submission and Presentation:
I was let go from employment without myP45 or my holiday pay. I received my P45 6 weeks later after constant calls to the companys accountant and have failed to get my holiday pay yet.
In her submission to the Hearing, the Complainant stated that she commenced employment with the Respondent on 20 January 2014. Due to the challenging working conditions she was encountering in her employment, the Complainant stated that she decided to hand in her notice in August 2015. However, as the Respondent was entering a particularly busy period, the Complainant indicated that she was willing to work through to the end of November.
The Complainant stated in evidence that the day after she handed in her notice she attended for work as normal. However, she stated that the Respondent left the workplace during that day and, while out, sent a text to the Complainant instructing her to go home. This effectively ended the Complainant's employment with the Respondent.
The Complainant stated that she had significant difficulty getting her P45, which she needed for Social Welfare purposes. This was eventually provided to her by the Respondent's accountant following her raising the matter with the Revenue Commissioners.
The Complainant also stated that when the Respondent's accountant spoke to her about the P45, he also indicated to her that she would receive her outstanding holiday pay. However, the Complainant stated in evidence that she has not yet received her holiday pay.
Respondent’s Submission and Presentation:
The Respondent did not attend the Hearing and made no submission or representation in response to the Complainant's claim.
Section 41(4) 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.
Issues for Decision:
Payment of outstanding Holiday Pay
Legislation involved and requirements of legislation:
Organisation of Working Time Act, 1997
Having carefully considered all of the evidence adduced, albeit uncontested, I find that the Complainant has not received the holiday pay to which she has a statutory entitlement.
Consequently, I find in favour of the complainant and ordered that she be paid holiday pay equivalent to one-third of her normal working week for each month in the period between the commencement of employment on 20 January 2014 and is ending on 31 August 2015.
Dated: 20th July 2016