ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056430
Parties:
| Complainant | Respondent |
Parties | Andrzej Lorencki | Redhills Transport Limited |
Representatives | Self-represented | Mr Brian Mc Cormack |
Complaint:
Act | Complaint 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-00068615-001 | 14/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00068615-002 | 14/01/2025 |
Date of Adjudication Hearing: 28/05/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard and to present any evidence relevant to the complaints. The hearing was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow. The complainant, Mr Lorencki, attended the hearing which was facilitated by a Polish interpreter. For the respondent, Mr Brian Mc Cormack attended along with Ms Cathriona Mc Evoy. As both parties made detailed submissions in advance of the hearing and as the facts of the case were not in dispute, there was no requirement to take evidence under oath or affirmation.
Background:
The complainant, Mr Lorencki, claims he had accrued annual leave and public holiday leave which he was not compensated for when he left the employment on 5th December 2024. |
Summary of Complainant’s Case:
The complainant commenced employment with the respondent on 17th July 2023. He was a truck driver and was paid €688.79 per week working 45 hours. His initial contract was for 6 months and was due to expire in January 2024. Unfortunately, he became ill on 19th January 2024 and submitted sick certificates up to the date of his resignation on 5th December 2024. He claims he was not paid for 18 days accrued annual leave, and for accrued public holidays for 2024. |
Summary of Respondent’s Case:
The respondent representative, Mr Mc Cormack, outlined that due to the complainant being on sick leave from January 2024, the absence from the employment meant that there were no discussions on a new contract. He said the complainant worked his normal hours up to 10th January 2024 and then he worked three 8-hour shifts and was paid for 4-days. He said he was paid for 5 days leave in accordance with his statutory sick leave entitlement. He said that he did not know when the complainant would return to work and tried to contact him on a few occasions during 2024. He said that as the complainant only worked a few shifts in January 2024 and was out of contract, he was not entitled to the leave claimed. |
Findings and Conclusions:
The Law Organisation of Working Time Act 1997 Compensation on cesser of employment. 23.(1) (a) Where— (i) an employee ceases to be employed, and (ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee, the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. Findings CA-00068615-001- Complaint on Accrued Annual Leave The complainant’s contract states he was ‘on a 6-month trial period’. The complainant’s contract which expired in January 2024 was not extended due to his illness and absence from the workplace. There was no evidence presented by the respondent representative that the complainant was on notice that his employment was in jeopardy or coming to an end. In fact, the complainant continued to submit sick certificates up to the date of resignation these were accepted by the respondent. Therefore, I am satisfied that the complainant was in employment with the respondent up to the date of his resignation in December 2024. As per Section 19 of the Organisation of Working Time Act, he had accrued annual leave and he was entitled to be compensated for this leave as per section 23 of the Act, as above. I find the complaint well founded. I decide that the respondent should compensate the complainant for 18 days annual leave.
CA-00068615-002- Complaint on Accrued Public Holidays The complainant was in attendance and worked the requisite hours up to mid-January 2024. As per section 21 of the Organisation of Working Time Act, the complainant worked during the 13 weeks prior to the four public holidays, 1st January 2024, 5th February 2024, 17th March 2024, and 1st April 2024. Therefore, in accordance with the Act, he had accrued these four public holidays. I find the complaint well founded. I decide that the respondent should compensate the complainant for the public holiday entitlement of 4 days. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00068615-001- Complaint on Accrued Annual Leave I find the complaint well founded. I decide that the respondent should compensate the complainant for 18 days annual leave. CA-00068615-002- Complaint on Accrued Public Holidays I find the complaint well founded. I decide that the respondent should compensate the complainant for the public holiday entitlement of 4 days. |
Dated: 5th June 2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Organisation of Working Time Act |