ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00063206

Parties:

	Complainant	Respondent
Parties	Martina Griffin	Feehan's Of Celbridge

Representatives

Self-represented

No Attendance

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-00076382-001	14/10/2025

Date of Adjudication Hearing: 22/04/2026 & 29/06/2026

Workplace Relations Commission Adjudication Officer: Seamus Clinton

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 and to present any evidence relevant to the complaint. The first hearing was held on 22nd April 2026. The complainant attended the hearing. There was no representative from the respondent company in attendance. As it was uncertain if the respondent was on notice of the hearing, a further notice issued ahead of the hearing on 29th June 2026. Again, the complainant, Ms. Griffin attended the hearing and gave evidence under oath. There was no representative from the respondent in attendance. The hearings were held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow.

Background:

The complainant submitted a complaint that she did not receive her annual leave entitlement when her employment terminated on 17th July 2025.

Summary of Complainant’s Case:

Summary of Ms. Griffin’s Evidence

The complainant gave testimony that she worked as a Kitchen Porter for the previous business from 2nd October 2023. She earned €322.40 gross per week. She gave testimony that the previous business transferred to the respondent on 27th April 2025 although she had not been consulted in advance of the transfer. She said she had taken one-weeks’ annual leave in April 2025. When her employment terminated, she wrote to the respondent requesting payment for her outstanding annual leave. She said she did not receive a payment for the outstanding annual leave. She put into evidence a response she received from the respondent as follows-

‘Thank you for your letter dated 1st August 2025, regarding the termination of your employment.

I would like to clarify that at no point were you employed by Darren Feehan Bars Limited or myself Darren Feehan. Your employment was under the direction and management of Mark Byrne, a legal entity sole trading that operated independently on the premises during the period in question.

As such matters relating to your employment including dismissal entitlements, and any outstanding payments, must be addressed directly to Mark Byrne, who was your legal employer.

Please redirect all further correspondence and queries to them accordingly.’

The complaint said that her employment was transferred from her previous employer and that she worked from 27th April 2025 to 17th July 2025 for the respondent.

Summary of Respondent’s Case:

There was no attendance on behalf of the respondent company. I am satisfied that the company was notified of the hearing arrangements.

Findings and Conclusions:

The Law

Section 19 of the Act provides for the paid annual leave entitlement of employees.

Section 23 provides for the payment in lieu of annual leave on the cesser of employment.

Section 2 provides that the leave year commences on 1st April and ends on 31st March.

Finding

The complainant gave uncontested testimony that she was employed by the respondent from 27th April 2025, having transferred from a previous employer. As the respondent did not attend the hearing to contest this direct evidence, I am satisfied that this was the case.

In accordance with the Act, as the leave year ends on 31st March, any annual leave legally due to the complainant arose from the 1st April 2025 to 17th August 2025 (date of termination) as the current leave year. The complainant gave testimony that she took one-weeks’ leave in April 2025. Therefore, the period of employment was 15-weeks. I calculate that the complainant was due to be paid for one-days annual leave when her employment was terminated on 17th August 2025.

I decide the complaint is well founded. The respondent should pay the complainant for one-days annual leave.

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.

CA-00076382-001

I decide the complaint is well founded. The respondent should pay the complainant for one-days annual leave.

Dated: 10/07/2026

Workplace Relations Commission Adjudication Officer: Seamus Clinton

Key Words:

Annual Leave Accrual