ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056399
Parties:
| Complainant | Respondent |
Parties | Michael Darling | Northway Personnel |
Representatives | Self-Represented | Did not attend and was not represented |
Complaint(s):
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-00068641-001 | 15/01/2025 |
Date of Adjudication Hearing: 17/06/2025
Workplace Relations Commission Adjudication Officer: Donal Moore
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.
Background:
The Respondent did not attend the hearing, and I noted from the CRO website that they were a newly registered company on the 19th of December 2024. The Complainant attended to give evidence under affirmation and there was no evidence to contradict his statements. Having heard the evidence and ensure that the Complainant had given me the full information the hearing was properly closed. The Complainant was requested to provide evidence of his employment, and he did so, and a further query arose as to the correct name of the Respondent and the Complainant satisfied me that he had the correct trading name and the name by which he knew the Respondent through his payslip. |
Summary of Complainant’s Case:
The Complainant set out that due to a dispute with this employer regarding wages not being paid him he had to leave his employment. Subsequent to this the Respondent, Northway Personnel, is refusing to pay him the 14 days holiday pay that is outstanding and properly payable to him. |
Summary of Respondent’s Case:
Did not attend and was not represented |
Findings and Conclusions:
It was necessary to follow up with the Complainant on details of the Respondent name and the Complainant subsequently explained this to me in writing and to my satisfaction. Following the hearing the Complainant provided me with a copy of the payslip requested. I note from this slip that his nett pay is set out as €1295.98 in that week. The Complainant has not been paid monies properly due to him for 14 days annual leave. The payslip provided demonstrates a weekly nett pay of €1295.98 weekly (259.20 daily). This leaves the outstanding amount as €3,628.74 nett. In the absence of evidence or submissions to the contrary I find the complaint well-founded and direct the Respondent pay the Complainant €3628.74 nett. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reasons set out above, in accordance with section 27 of the Organisation of Working Time Act 1997, I find that the complaint in respect of annual leave entitlements under this complaint reference number is well founded and I direct the Respondent to pay the Complainant €3628.74 nett. |
Dated: 01/10/2025
Workplace Relations Commission Adjudication Officer: Dónal Moore
Key Words:
OWTA – annual leave pay – no attendance |