ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030689
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Employer |
Representatives | Carmel Best Best & Co Solicitors | None |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00040619-001 | 26/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00040619-002 | 26/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 | CA-00040619-003 | 26/10/2020 |
Date of Adjudication Hearing: 23/03/2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and I gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
No objections were raised to the remote hearing.
Background
The complainant was employed by the respondent from the 1st July 2010 to date. She was paid €519.07 gross per week working a 37.5 hour. The complaint is seeking payment of holidays for 2019 and 2020 along with redundancy.
Summary of the Complainant’s position
The complaint submitted that she had not been paid her annual leave for 2019 and 2020. The respondent accepted that complainant was entitled to her Holiday Pay but questioned the amount due.
Findings
The complaints under CA-00040619-001 and Ca-00040619-003 were withdrawn at the hearing and confirmed in correspondence by the complainant representative.
The parties agreed amongst themselves that they would engage in discussions on the outstanding the outstanding holiday pay.
However, the respondent contacted the service and asked for the adjudicator to issue a decision on the outstanding amount due for the Annual Leave.
I find that having examined the documentation.
The complaint was received by the service on the 26th October 2020.
I find that in accordance with a ruling from the European Court of Justice an employee may calculate their annual leave arears for a maximum period of 15 months.
I find that the complainant is entitled to a maximum of 5 weeks and 2 days giving a total of
€ 3348 up to the date of the complaint being received by the service.
The failure by the respondent to provide the complainant with their annual leave entitlements under the Organisation of Working Time Act 1997 is in breach of section 19 of the OWT Act.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint and in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the complainant is entitled to €3348 for Annual Leave entitlements
For breach of section 19 Organisation of Working Time Act and in accordance with the ECJ ruling for breach of the act, I am awarding €1000 as compensation as a deterrent.
Dated: 27th July 2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
OWT |