ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00065521

Parties:

Complaint:

Workplace Relations Commission Adjudication Officer:  Catherine Byrne

Procedure:

In accordance with section 41 of the Workplace Relations Act 2015, on July 23rd 2026, this complaint was assigned to me by the Director General.  The complainant, Mr Thomas Henry, claims that in the leave year 2025, he worked between 32 and 34 hours per week.  His complaint is that he was permitted to take 16 days’ holidays, rather than the minimum entitlement to 20 days, as set out at s.19(1) of the Organisation of Working Time Act 1997.

On July 27th, I wrote to Mr Henry’s employer, Season Master Double Glazing Limited and asked for their response to his complaint.  No response was received and calls from the case officer to the managing director on August 24th and 26th went unanswered.

As this is a straightforward complaint requiring a straightforward response, and, as the employer has had an opportunity to respond to the claim, I have decided to write a decision without the need for a hearing.

Summary of Complainant’s Case:

The complainant is a window fabricator and, in 2025, he claims that he worked 33.75 hours per week for the respondent.  He was permitted to take 16 days’ holidays.  He got no response when he informed his employer of that he had received advice that he was entitled to 20 days’ holidays.

Findings and Conclusions:

Section 19(1) of the Organisation of Working Time Act 1997 provides that an employee is entitled to holidays of “4 working weeks in a leave year in which he or she works at least 1,365 hours.”  On his complaint form, the complainant said that he worked 33.75 hours per week from Monday to Thursday in 2025.  Even if he worked for 30 hours per week, he meets the minimum threshold of 1,365 hours per week.  He is therefore entitled to four weeks’ holidays, equivalent to 20 days.

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 have decided that this complaint is well founded and I direct the respondent to pay the complainant €675.00, equivalent to his normal weekly pay for a four-day week.  As this award is compensation for a breach of a statutory right, it is not subject to deductions for tax, PRSI or USC.

Dated:   28-08-26

Workplace Relations Commission Adjudication Officer:  Catherine Byrne

Key Words:  Annual leave entitlement