SECTION 28 (1), ORGANISATION OF WORKING TIME ACT, 1997
G4S SECURE SOLUTIONS (IRE) LTD
- AND -
(REPRESENTED BY HOBAN BOINO SOLICITORS)
Chairman: Mr Haugh
Employer Member: Ms Doyle
Worker Member: Ms Treacy
1. Appeal of Adjudication Officer Decision No: ADJ-0000811 CA-00010769-007
2. An Adjudication Officer hearing took place on 9 August 2017 and a Decision was issued on 4 April 2018. The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 14 May 2018 in accordance with section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 26 June 2018.
Background to the Appeal
This is an appeal on behalf of G4S Secure Solutions (Ire) Limited (‘the Respondent’) from a decision of an Adjudication Officer (ADJ-00008111, dated 4 April 2018) under the Organisation of Working Time Act 1997 (‘the Act’). The Notice of Appeal was received by the Court on 14 May 2018. The Court heard the appeal in Dublin on 26 June 2018.
The Complainant submits that he had accrued 7.84 days’ untaken annual leave as of the date his employment was terminated (21 December 2016). The Complainant’s claim was received by the Workplace Relations Commission on 10 April 2017. A hearing before an Adjudication Officer took place on 9 August 2017. There was no attendance on behalf of the Respondent at that hearing. The Adjudication Officer upheld the complaint and awarded the Complainant €1,376.00 being the monetary value of his outstanding annual leave as assessed by the Adjudication Officer, along with compensation of €4,000.00.
The Parties’ Submissions
The Respondent submits that its annual leave policy does not permit employees to carry over annual leave from one annual leave year to the next. It further submits that the Complainant availed himself of his full annual leave entitlement in 2015 and in 2016.
The Complainant’s Solicitor submitted detailed correspondent and records (including payslips) that substantiate the Complainant’s case that he had an outstanding entitlement to 7.84 days annual leave on the date his employment terminated. He further submits that the monetary of value of that outstanding leave is €701.20.
Having considered the Parties’s submissions, the Court determines that the complaint is well-founded and awards the following by way of redress: €701.20 – being the monetary value of Complainant’s accrued but untaken annual leave – plus compensation of €1,000.00 for the breach of the Act.
The decision of the Adjudication Officer is varied accordingly.
The Court so determines.
Signed on behalf of the Labour Court
18 December 2018Deputy Chairman
Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.