ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00054744
Parties:
| Complainant | Respondent |
Parties | Halide Yılmaz | Wayback Mary Street Limited |
Representatives | Self-Represented | Non-Appearance |
Complaint:
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-00066713-002 | 16/10/2024 |
Date of Adjudication Hearings: 31st January 2025 and 7th May 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997following 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The Complainant opted to swear on the Holy Quran. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties. It was not deemed necessary.
The first Hearing Day (31st January 2025) was Face to Face and the second (7th May 2025) was Remote.
This matter was heard by way of 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.
Background:
The issue in contention concerned alleged non-payment of statutory Annual Leave, Minimum Notice and Holiday Pay during the late Summer of 2024.
The Complainant was a Restaurant Worker in the Respondent Restaurant . The employment began on the 17th July 2023 and ended on the 25th August 2024. The Restaurant ceased trading. The rate of pay was stated by the Complainant to have been € 441.50 for a 34 hour week. |
1: Summary of Complainant’s Case:
The complainant was self-represented and relied on the services of an Interpreter supplied by the WRC. Under Sworn Oath the Complainant stated that she was due a Public Holiday Pay Shortfall of €39.15, a Standard Annual Leave Pay of 53.30 hours = €676.91 and a week’s minimum notice pay of €465.45 - in total €1,181.51 Pay Slips and Revenue documents were supplied in support. The Complainant acknowledged that a cash in hand payment of €281 had been made by the Respondent and this could be deleted from the €1,181 to give a final total of €900 due. The Adjudication Officer via the Interpreter closely questioned the Complainant on these figures but was satisfied that the information being supplied under Sworn Oath had to be deemed accurate. |
2: Summary of Respondent’s Case:
The Respondent did not appear and no evidence was presented. The Adjudication was satisfied that proper notice of the time, place and date of the Hearing had been properly served. |
3: Findings and Conclusions:
On the basis of the Sworn Evidence and supporting documents supplied by the Complainant I am satisfied that the case is Well Founded. There was no rebuttal evidence from the Respondent. I direct that the monies referred to above in the Complainant’s submission be paid to the Complainant. |
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 in accordance with the relevant redress provisions of the cited Acts.
CA: 00066713-002
The complaint is Well Founded.
Payments of
- A Public Holiday Pay Shortfall of €39.15,
- A Standard Annual Leave Pay of 53.30 hours = €676.91
- A week’s minimum notice pay of €465.45
(Less €281 in cash received)
in total €900
be paid to the Complainant no less than four weeks from the receipt of this Adjudication decision.
Dated: 07/07/25
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Outstanding Holiday, Notice and Public Holiday Pay |