Complainant

Respondent

Parties

Jolly  Prado

Willie Kenny Son’s Transport Ltd

Representatives

Lyons Skelly Solicitors

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 19 of the Carer's Leave Act 2001

CA-00075241-002

08/09/2025

Complaint seeking adjudication by the Workplace Relations Commission under Section 19 of the Carer's Leave Act 2001

CA-00075328-001

11/09/2025

The Complainant gave evidence on affirmation. Documentary evidence was submitted and relied upon at the hearing.

On the first hearing date, Mr William Kenny, Director / Owner of William Kenny Transport Limited and Ms Miranda Hearne, Company Secretary / Accounts, attended with the Respondent’s representative Ms Emer Lyons, Solicitor. Ms Hearne and Ms Lyons attended the second hearing date.

On the first hearing date the Respondent objected to the complaints on the basis that the Complainant did not seek to take nor did he take Carer’s Leave. Time was afforded to both parties to file submissions on whether the complaints could and should be amended.

The Complainant submitted further evidence on 5 March 2025 but did not provide submissions on the amendment of the complaints.

The Respondent filed detailed written submission on 8 April 2025 consenting to the amendment of the complaint under the Organisation of the Working Time Act 1997.

It was the Complainant's evidence that he had been employed by the Respondent as an HGV Driver from 11 March 2025 until his dismissal on 2 September 2025. The Complainant submitted that, upon completing six months' service, he sought to take annual leave and raised the matter with the Respondent. According to the Complainant, the Respondent advised him that employees were not entitled to paid annual leave and refused to make any payment in respect of accrued leave. The Complainant stated that he informed the Respondent that annual leave was a legal entitlement in Ireland.

The Complainant gave evidence that he communicated with the Respondent through WhatsApp regarding his annual leave entitlement. He opened screenshots of messages where he sought payment for his accrued leave following six months' service.  The Respondent did not address the request directly but instead responded by referring to an incident involving damage to a vehicle on the day of his dismissal. The Complainant maintained that he had not received any payment in lieu of accrued but untaken annual leave upon the termination of his employment.

The Complainant further gave evidence that he was dismissed, and the Respondent failed to pay him his accrued annual leave entitlement.

The Respondent accepted that the Complainant was not paid annual leave of 10 days at the hearing. When asked why the payment had not been to date, it was submitted that the matter was “ongoing”.

On the basis that the Respondent accepted that the Complainant was not paid for his accumulated annual leave upon termination, I find the complaint is well founded.

For the reason set out above, I find the complaint is well founded.

Section 27 (3) of the 1997 Act (as amended) provides:

“(3) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision shall do one or more of the following, namely:

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the relevant provision,

(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances but not exceeding 2 years’ remuneration in respect of the employee’s employment.”

In the circumstances, I consider compensation to be the most appropriate form of redress. In determining the amount of compensation, regard has been given to the Respondent’s failure to make the payment despite accepting it was due to the Complainant, particularly in light of the Complainant’s financial circumstances.

For these reasons, I award compensation in the amount of €5,230.77 the equivalent of 8 weeks’ remuneration, as being just and equitable in the circumstances.