Complainant

Respondent

Parties

Evan  Keating

Fiáin Fia Limited

Representatives

Self- Represented

Act

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

CA-00069580-001

26/02/2025

The Complainant was employed by the Respondent, a food and beverage business operating in Tracton, Co Cork. He commenced employment on 16 March 2024 as Head Chef and remained in that role until 16 February 2025. His weekly gross pay was €796.23, and he worked an average of 35 hours per week.

The Complainant lodged this complaint under Section 27 of the Organisation of Working Time Act 1997, claiming that he was not paid for his statutory annual leave on the termination of his employment.

The Complainant  gave evidence that he was the sole chef employed by the Respondent and that the business operated from Wednesday to Sunday, with Monday and Tuesday as rostered days off. Because of staffing shortages and the nature of the business, he said it was not possible to take annual leave during his employment. He testified that requests for time off were met with resistance and that he had only managed to take two days’ leave over the course of nearly a year of service.

He stated that he gave one month’s notice of his intention to resign, which he fully worked, and at the Respondent’s request, he agreed to work an additional two days beyond that notice period. When his employment ended, he sought payment for his untaken annual leave but was informed by the Respondent that no payment would be made.

He maintained that he was entitled to payment in lieu of untaken annual leave in accordance with the Organisation of Working Time Act 1997.

The Respondent did not attend to give evidence.

Section 19(1)(a) of the Organisation of Working Time Act 1997 (“the Act”) provides that an employee who has worked at least 1,365 hours in a leave year is entitled to four working weeks of paid annual leave. The evidence established that the Complainant worked continuously for approximately 45 weeks and 6 days in the leave year beginning on 1 April 2024, and it is reasonable to conclude that he exceeded the 1,365-hour threshold. Accordingly, he accrued the statutory maximum of 20 days’ annual leave for that period.

The Complainant confirmed that he had taken two days’ leave during his employment in the leave year, leaving a balance of 18 days’ untaken leave. Under Section 23(1) of the Act, where an employee’s employment ceases, the employer is obliged to pay the employee compensation in lieu of any outstanding annual leave.

No evidence was offered by the Respondent to contradict the Complainant’s account or to demonstrate that payment had been made. The evidence presented was credible and consistent with both the written complaint and the oral testimony given at hearing. I therefore find that the complaint was well founded.

The Complainant’s gross weekly pay was €796.23. On a five-day working week, his daily rate of pay is calculated at €796.23 ÷ 5 = €159.25. Therefore, payment in lieu of 18 days’ leave amounts to €159.25 × 18 = €2,866.50.

For the reasons outlined above, I am satisfied that the Respondent failed to discharge their statutory obligation under the Organisation of Working Time Act 1997 to pay the Complainant for his accrued annual leave entitlement on the termination of his employment. The complaint is therefore well founded, and I direct the Respondent to pay the Complainant the compensatory sum of  €2,866.50, the monetary value of 18 days annual leave.

Organisation of Working Time Act 1997, Annual Leave.