ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057107
Parties:
| Complainant | Respondent |
Parties | Jeffrey Estarlin De Leon Paredes | Cpi Recruitment Ltd |
Representatives |
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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-00069493-001 | 23/02/2025 |
Date of Adjudication Hearing: 22/09/2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
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 gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. Parties were advised in advance of the hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination was permitted. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions were received, they were exchanged. Evidence was given under affirmation from the complainant and the respondent did not attend.
Background:
The complainant submits that he did not receive his annual leave entitlement.
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Summary of Complainant’s Case:
The complainant submits that when he was dismissed on January 31st and his annual leave pay was not included and that he contacted the respondent and they were ignoring his messages. He submitted that they sent a payment of €101.25 for 1.67 days of holiday and after contact with them regarding this incorrect amount, they adjusted the payment to €169.08. However, it was submitted that holiday pay is consistently being calculated at a lower rate than what is legally required and that the total payment should have been €180.36 gross. He further submitted December payslips.
The evidence of the complainant was he took 1.5 days annual leave in November 2024 and then in January 2025 took 2 more days and paid an incorrect rate and he was owed €57.75 comprising of various monies paid incorrectly for his annual leave. |
Summary of Respondent’s Case:
The respondent did not attend. |
Findings and Conclusions:
The respondent did not attend and I am satisfied that they were on notice of the hearing. The complainant’s undisputed evidence was that he was owed a total of €57.75 regarding annual leave entitlements and disparity between what he was paid and what he was owed by the respondent.
It is set out under Section 19 Entitlement to Annual Leave 19.—(1) Subject to the First Schedule (which contains transitional provisions in respect of the leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “annual leave”) equal to— (a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment), (b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or (c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks): Provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater. The complainant was paid some monies for his various annual leave but was left with monies outstanding for the annual leave of €57.75. I find that the complaint is well founded and taking into consideration all the circumstances of the complaint I award the complainant €70. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is well founded and taking into consideration all the circumstances of the complaint I award the complainant €70. |
Dated: 19-11-25
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Annual leave |