ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008708
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
An Operative |
A Food Manufacturing Company |
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Representatives |
Self-Represented |
No appearance |
Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011530-001 |
23/05/2017 |
Date of Adjudication Hearing: 09/10/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act and Section 27 of the Organisation of Working Time Act, 1997 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).
This case is closely associated with ADJ-00008688 – a colleague employed on similar terms.
1: Summary of Complainant’s Case:
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The Respondent employer ceased to trade (at the address in Kildare where the Complainant was employed in the Spring of 2017 – approximately mid-March.) At the date of the hearing on the 9th October 2017 the Complainant maintained that he was due outstanding holidays of 87.59 hours -this being the outstanding remainder of his 2016/2017 leave year entitlement once the Holiday hours actually paid by the Respondent are deducted (Total Hours 114.29 less 26.70 paid). |
2: Summary of Respondent’s Case:
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The Respondent did not appear at the hearing. An E mail had been received on the 20th June 2017 stating that the “Company was currently trying to organise finances to pay outstanding holiday pay”. None the less by the date of the Hearing the Complainant maintained that his claim had not been resolved. No evidence was available to support the Respondent’s case. I was satisfied that proper notice of the Hearing had been served on the Respondent. The Respondent had communicated from a Co. Kildare address in June (the place of work of the Complainants) and no notification of an alternative or forwarding address was received. |
3: Findings and Conclusions:
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In the absence of the Respondent I had to rely on the Complainant’s evidence. I considered the Complainant to be credible. Accordingly, I award 87.59 hours outstanding Holidays at the appropriate rate of pay. The Complainant gave evidence of an hourly rate of €9.50. On this basis, an award of € 832.105 is made. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
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Act |
Complaint/Dispute Reference No. |
Summary Decision. |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011530-001 |
Claim well founded. An award of € 832.105 is made. The Taxation of this award is a matter for the parties to consult with the Revenue Commissioners. |
Dated: 5th December 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words: