ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010089
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Complainant |
Respondent |
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Anonymised Parties |
A General Operative |
A Food Company |
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Representatives |
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Complaint:
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Act |
Complaint Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00013196-001 |
18/08/2017 |
Date of Adjudication Hearing: 30/11/2017
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.
Background:
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The respondent company was re-structured due to a down turn in trading. The work previously carried on at the complainant’s place of work was transferred elsewhere. He was paid €9.50 per hour and claims unpaid holidays. |
Summary of Complainant’s Case:
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The complainant says he is owed payment for approximately three weeks’ holidays. He puts this at sixteen and a third days. |
Summary of Respondent’s Case:
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The respondent does not dispute the complainant’s case. There is a small divergence in the respondent’s calculation of the amounts due. Discussions have been going on with the trade union representing the respondent’s employees to agree a schedule of payments to discharge a series of claims arising from payment in lieu of notice and annual leave and there is a problem funding the payments which the respondent is seeking to resolve. This will take a number of months to bring to a satisfactory conclusion. But in due course it intends to fully honour its obligations to the complainant and his co-workers. |
Findings and Conclusions:
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As will be clear from the above the complainant’s entitlement is not disputed by the company. The respondent representative made clear her intention to honour the obligations to the complainant and his co-workers I therefore uphold the complaint. He claims in respect of sixteen and one third days of twelve hour shifts; approximately 196 hours. On the basis of twelve hour shifts this gives rise to a total entitlement at 8% of those hours of 15.68 hours at the rate of €9.50 per hour. This comes to €148.96. |
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.
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I uphold complaint CA-00013196-001 and award the complainant payment in respect of annual leave not taken €148.96. |
Dated: 5th April 2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
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Payment in lieu of annual leave |