CORRECTION ORDER
ISSUED PURSUANT TO SECTIONS 39 OF THE ORGANISATION OF WORKING TIME ACT 1997 AND 41 OF THE WORKPLACE RELATIONS ACT 2015
This Order corrects the original Decision (ADJ-00059934) issued on 04/09/2026 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059934
Parties:
| Complainant | Respondent |
Parties | Kyle Ellison | Total Future Limited |
Representatives | N/A | Marguerite Buckley Buckley and Company |
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-00072543-001 | 18/06/2025 |
Date of Adjudication Hearing: 08/06/2026
Workplace Relations Commission Adjudication Officer: Anne McElduff
Procedure:
In accordance with Section 41 of the Workplace Relations Act [2015-2021], following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to present their submissions and relevant evidence.
The adjudication hearing was conducted remotely on 8/6/26. The Complainant was unrepresented and the Respondent was represented by Ms Marguerite Buckley, Solicitor. At the outset I drew the parties attention to the implications of the Supreme Court decision in Zalewski V Adjudication Officer and WRC [2021] IESC 24 and I note the WRC had done likewise prior to the hearing. In the course of the adjudication hearing the parties were afforded fair procedures including the opportunity for cross examination and evidence was taken on oath/affirmation.
Set out below is a summary of the Complainant’s and the Respondent’s respective cases.
Background:
The Complainant was employed by the Respondent as a Bar Manager from 5/7/2023 until 20/4/2025. The Complainant’s last day of work was 13/4/2025. The Complainant’s hourly rate of pay was €16 and his daily rate €128. The complaint relates to the payment of annual leave and public holidays. The Respondent stated that the previous annual leave year ran from 1/4/2024 – 31/3/2025 and that the cognizable period for the purpose of the complaint was 18/12/2024 – 18/6/2025/ie date complaint was received by the WRC. In that regard the Respondent stated there was an onus on the Complainant to have brought his complaints within the six months statutory time limit stipulated by Section 27(4) of the Organisation of Working Time Act [1997-2020] and that there was no basis for considering an extension of the time limit. |
Summary of Complainant’s Case:
In relation to annual leave the Complainant provided a breakdown of his hours/week and stated that his average hours were 40/week. He stated that by 18/12/2024 he had holiday leave built up. The Complainant stated he had calculated that he was not paid for 145.63 hours which included 128 hours for public holidays. The Complainant stated that from 22/12/2024 to 13/4/2025 he worked a total of 636.46 hours which would equate to 50.92 hours in respect of annual leave – ie €814.72. The Complainant stated that he was owed 16 public holidays (128 hours) and that he had raised this – without success - with the Manager on 30/4/2025. He stated he was advised that the pub had only opened on one public holiday since 19/12/2024 – namely 17/3/2025. It is the position of the Complainant that he has not been paid his due entitlement to annual leave and public holidays pursuant to the Organisation of Working Time Act [1997-2020]. |
Summary of Respondent’s Case:
In relation to annual leave, the Respondent provided a monthly list of paid annual leave hours taken by the Complainant from 1/4/2024 until his resignation. The Respondent stated that for the previous annual leave year – ie from 1/4/2024 until 31/3/2025 the Complainant availed of a total of 152.5 hours paid annual leave and that 7.5 hours were carried over into the leave year 2025/2026. Accordingly, the Respondent stated the Complainant had received his full statutory leave for the leave year 1/4/2024 – 31/3/2025. The Respondent stated that in the week of 6/4/2025 the Complainant availed of 12 hours paid annual leave and 32.6 hours in the week of 13/4/2025 and that he was paid this total of 44.6 hours for the annual leave year commencing 1/4/2025. This amount, the Respondent stated, covered the carry over 7.5 hours leave from the previous leave year 1/4/2024 – 31/3/2025. Further, the Respondent stated that by virtue of the hours worked by the Complainant from 1/4/2025 until his employment end date – which amounted to a total of 59.53 hours - he was only entitled to 4.76 hours holiday pay. In relation to the public holidays, the Respondent stated that its business did not open on Mondays. However, the Respondent agreed the Complainant was owed five public holidays in respect of 25/12/2024, 26/12/2024, 1/1/2025, 3/2/2025 and 17/3/2025. The Respondent stated that it endeavoured to pay for these days in June 2025 but this was not acceptable to the Complainant. It is the position of the Respondent that it has fully complied with the Complainant’s entitlements to annual leave in accordance with the Organisation of Working Time Act [1997-2020] and that he was paid in excess of the statutory annual leave due to him for the leave year commencing 1/4/2025. In respect of public holidays the Respondent acknowledged the Complainant was owed five days. |
Discussion & Questioning:
The parties questioned each other in the course of the adjudication hearing. Arising from the discussions the following emerged: 1. The Complainant accepted that for the leave year 1/4/2024 – 31/3/2025 he was paid 152.5 hours annual leave/holiday pay; 2. The Complainant accepted that for the leave year commencing 1/4/2025, he was paid 44.6 hours holiday pay although owed only 4.76 hours as per his hours worked; 3. The Complainant stated that he had no dispute in relation to payment of the 7.5 hours annual leave carried over from the leave year 1/4/2024 – 31/3/2025 and that he accepted the Respondent’s position in relation to these hours having been covered by the payment for the 44.6 hours; 4. The Complainant stated that he was seeking payment of two additional bank holidays in respect of the August and October bank holidays 2024 – ie 5/8/2024 and 28/10/2024. In this regard the Complainant stated that he was under the belief that payment of public holidays could be carried over with annual leave; 5. The Respondent stated that in June 2025 it had offered to pay the Complainant the gross amount of €640 in respect of the five public holidays. In the course of the discussion at the adjudication hearing the Respondent also agreed to pay the two public holidays from 2024 – without prejudice to its position on the time limit issue. The Complainant stated that he would accept the payment of seven public holidays. |
Findings and Conclusions:
Re: Time Limit Sections 27 (4) and (5) of the Organisation of Working Time Act [1997-2020] provides as follows: “(4) A Rights Commissioner shall not entertain a complaint under this section if it is presented to the Commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. (5) Notwithstanding subsection (4), a Rights Commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to in subsection (4) (but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause”. These time limitation provisions are also set out in Sections 41(6) and (8) of the Workplace Relations Act [2015 - 2021] with reference to the jurisdiction of an Adjudication Officer. The Complaint Form was received by the WRC on the 18th June 2025. Where a complaint is not submitted within six months of the alleged contravention, an extension may be granted up to a maximum time limit of 12 months if, in the opinion of the Adjudication Officer, the Complainant has demonstrated reasonable cause for the delay. In relation to the matter of reasonable cause, the Labour Court has set out the test in Cementation Skanska v Carroll, DWT 38/2003 as follows: “It is the Court's view that in considering if reasonable cause exists, it is for the claimant to show that there are reasons which both explain the delay and afford an excuse for the delay. The explanation must be reasonable, that is to say it must make sense, be agreeable to reason and not be irrational or absurd. In the context in which the expression reasonable cause appears in the statute it suggests an objective standard, but it must be applied to the facts and circumstances known to the claimant at the material time. The claimant’s failure to present the claim within the six-month time limit must have been due to the reasonable cause relied upon. Hence there must be a causal link between the circumstances cited and the delay and the claimant should satisfy the Court, as a matter of probability, that had those circumstances not been present he would have initiated the claim in time.” In the case of HSE and Dr Abdul Rauf [Determination No. FTD0817], the Labour Court stated that “A Complainant…..must also demonstrate that there are reasons but for which the case would have been referred in time” (emphasis added in bold). In the present case, I am satisfied the Complainant has not argued or demonstrated reasonable cause for the delay in bringing his complaint within the six month time limit prescribed by Section 27(4) of the Organisation of Working Time Act [1997-2020] and Section 41(6) of the Workplace Relations Act [2015 – 2021]. Accordingly, I decide not to extend the deadline for submission of his complaints by a further six months. I am satisfied the cognizable period for bringing the complaints ran from 19/12/2024 – 18/6/2025. As a result I do not have jurisdiction in relation to any complaints which allegedly arose prior to 19/12/2024. Re: Annual Leave Paragraph 19 of the Organisation of Working Time Act [1997-2020] provides as follows: “(1) Subject……, an employee shall be entitled to paid annual leave……. equal to – (a) 4 working weeks in the leave year in which he or she works at least 1,365 hours……, (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 four 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.” In light of the discussions which emerged in the course of the adjudication hearing, I am satisfied the Complainant is not owed any statutory annual leave in respect of the leave year 1/4/2024 – 31/3/2025 or for the leave year commencing 1/4/2025 until the end of his employment with the Respondent on 20/4/2025. Re: Public Holidays Paragraph 21 of the Organisation of Working Time Act [1997-2020] provides as follows: “(1) Subject…… an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely – (a) a paid day off on that day, (b) a paid day off within a month of that day, (c) an additional day of annual leave, (d) an additional day’s pay……” In light of the discussion which emerged in the course of the adjudication hearing, I am satisfied the Complainant is owed payment in respect of five public holidays – namely the amount of €640 for the days 25/12/2024, 26/12/2024, 1/1/2025, 3/2/2025 and 17/3/2025. |
Decision:
Section 41 of the Workplace Relations Act [2015 – 2021] requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00072543-001 For the reasons outlined the complaint in respect of public holidays pursuant to Paragraph 21 of the Organisation of Working Time Act [1997-2020] is well founded. I hereby award the Complainant the amount of €640 gross pay in respect of the five public holidays owing – vis - 25/12/2024, 26/12/2024, 1/1/2025, 3/2/2025 and 17/3/2025. In addition I decide the Respondent should also pay the Complainant €450 compensation for its failure to pay his public holiday entitlements as they fell due. These amounts are subject to such statutory deductions as may apply. For the reasons outlined the complaint in respect of annual leave pursuant to Paragraph 19 of the Organisation of Working Time Act [1997-2020] is not well founded. |
Dated: 04 September 2026
Workplace Relations Commission Adjudication Officer: Anne McElduff
Key Words:
Time Limit, Annual Leave, Public Holidays |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059934
Parties:
| Complainant | Respondent |
Parties | Kyle Ellison | Total Future Ltd John Dalys Bar |
Representatives | N/A | Marguerite Buckley Buckley and Company |
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-00072543-001 | 18/06/2025 |
Date of Adjudication Hearing: 08/06/2026
Workplace Relations Commission Adjudication Officer: Anne McElduff
Procedure:
In accordance with Section 41 of the Workplace Relations Act [2015-2021], following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to present their submissions and relevant evidence.
The adjudication hearing was conducted remotely on 8/6/26. The Complainant was unrepresented and the Respondent was represented by Ms Marguerite Buckley, Solicitor. At the outset I drew the parties attention to the implications of the Supreme Court decision in Zalewski V Adjudication Officer and WRC [2021] IESC 24 and I note the WRC had done likewise prior to the hearing. In the course of the adjudication hearing the parties were afforded fair procedures including the opportunity for cross examination and evidence was taken on oath/affirmation.
Set out below is a summary of the Complainant’s and the Respondent’s respective cases.
Background:
The Complainant was employed by the Respondent as a Bar Manager from 5/7/2023 until 20/4/2025. The Complainant’s last day of work was 13/4/2025. The Complainant’s hourly rate of pay was €16 and his daily rate €128. The complaint relates to the payment of annual leave and public holidays. The Respondent stated that the previous annual leave year ran from 1/4/2024 – 31/3/2025 and that the cognizable period for the purpose of the complaint was 18/12/2024 – 18/6/2025/ie date complaint was received by the WRC. In that regard the Respondent stated there was an onus on the Complainant to have brought his complaints within the six months statutory time limit stipulated by Section 27(4) of the Organisation of Working Time Act [1997-2020] and that there was no basis for considering an extension of the time limit.
|
Summary of Complainant’s Case:
In relation to annual leave the Complainant provided a breakdown of his hours/week and stated that his average hours were 40/week. He stated that by 18/12/2024 he had holiday leave built up. The Complainant stated he had calculated that he was not paid for 145.63 hours which included 128 hours for public holidays. The Complainant stated that from 22/12/2024 to 13/4/2025 he worked a total of 636.46 hours which would equate to 50.92 hours in respect of annual leave – ie €814.72. The Complainant stated that he was owed 16 public holidays (128 hours) and that he had raised this – without success - with the Manager on 30/4/2025. He stated he was advised that the pub had only opened on one public holiday since 19/12/2024 – namely 17/3/2025. It is the position of the Complainant that he has not been paid his due entitlement to annual leave and public holidays pursuant to the Organisation of Working Time Act [1997-2020]. |
Summary of Respondent’s Case:
In relation to annual leave, the Respondent provided a monthly list of paid annual leave hours taken by the Complainant from 1/4/2024 until his resignation. The Respondent stated that for the previous annual leave year – ie from 1/4/2024 until 31/3/2025 the Complainant availed of a total of 152.5 hours paid annual leave and that 7.5 hours were carried over into the leave year 2025/2026. Accordingly, the Respondent stated the Complainant had received his full statutory leave for the leave year 1/4/2024 – 31/3/2025. The Respondent stated that in the week of 6/4/2025 the Complainant availed of 12 hours paid annual leave and 32.6 hours in the week of 13/4/2025 and that he was paid this total of 44.6 hours for the annual leave year commencing 1/4/2025. This amount, the Respondent stated, covered the carry over 7.5 hours leave from the previous leave year 1/4/2024 – 31/3/2025. Further, the Respondent stated that by virtue of the hours worked by the Complainant from 1/4/2025 until his employment end date – which amounted to a total of 59.53 hours - he was only entitled to 4.76 hours holiday pay. In relation to the public holidays, the Respondent stated that its business did not open on Mondays. However, the Respondent agreed the Complainant was owed five public holidays in respect of 25/12/2024, 26/12/2024, 1/1/2025, 3/2/2025 and 17/3/2025. The Respondent stated that it endeavoured to pay for these days in June 2025 but this was not acceptable to the Complainant. It is the position of the Respondent that it has fully complied with the Complainant’s entitlements to annual leave in accordance with the Organisation of Working Time Act [1997-2020] and that he was paid in excess of the statutory annual leave due to him for the leave year commencing 1/4/2025. In respect of public holidays the Respondent acknowledged the Complainant was owed five days. |
Discussion & Questioning:
The parties questioned each other in the course of the adjudication hearing. Arising from the discussions the following emerged: 1. The Complainant accepted that for the leave year 1/4/2024 – 31/3/2025 he was paid 152.5 hours annual leave/holiday pay; 2. The Complainant accepted that for the leave year commencing 1/4/2025, he was paid 44.6 hours holiday pay although owed only 4.76 hours as per his hours worked; 3. The Complainant stated that he had no dispute in relation to payment of the 7.5 hours annual leave carried over from the leave year 1/4/2024 – 31/3/2025 and that he accepted the Respondent’s position in relation to these hours having been covered by the payment for the 44.6 hours; 4. The Complainant stated that he was seeking payment of two additional bank holidays in respect of the August and October bank holidays 2024 – ie 5/8/2024 and 28/10/2024. In this regard the Complainant stated that he was under the belief that payment of public holidays could be carried over with annual leave; 5. The Respondent stated that in June 2025 it had offered to pay the Complainant the gross amount of €640 in respect of the five public holidays. In the course of the discussion at the adjudication hearing the Respondent also agreed to pay the two public holidays from 2024 – without prejudice to its position on the time limit issue. The Complainant stated that he would accept the payment of seven public holidays. |
Findings and Conclusions:
Re: Time Limit Sections 27 (4) and (5) of the Organisation of Working Time Act [1997-2020] provides as follows: “(4) A Rights Commissioner shall not entertain a complaint under this section if it is presented to the Commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. (5) Notwithstanding subsection (4), a Rights Commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to in subsection (4) (but not later than 12 months after such expiration) if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause”. These time limitation provisions are also set out in Sections 41(6) and (8) of the Workplace Relations Act [2015 - 2021] with reference to the jurisdiction of an Adjudication Officer. The Complaint Form was received by the WRC on the 18th June 2025. Where a complaint is not submitted within six months of the alleged contravention, an extension may be granted up to a maximum time limit of 12 months if, in the opinion of the Adjudication Officer, the Complainant has demonstrated reasonable cause for the delay. In relation to the matter of reasonable cause, the Labour Court has set out the test in Cementation Skanska v Carroll, DWT 38/2003 as follows: “It is the Court's view that in considering if reasonable cause exists, it is for the claimant to show that there are reasons which both explain the delay and afford an excuse for the delay. The explanation must be reasonable, that is to say it must make sense, be agreeable to reason and not be irrational or absurd. In the context in which the expression reasonable cause appears in the statute it suggests an objective standard, but it must be applied to the facts and circumstances known to the claimant at the material time. The claimant’s failure to present the claim within the six-month time limit must have been due to the reasonable cause relied upon. Hence there must be a causal link between the circumstances cited and the delay and the claimant should satisfy the Court, as a matter of probability, that had those circumstances not been present he would have initiated the claim in time.” In the case of HSE and Dr Abdul Rauf [Determination No. FTD0817], the Labour Court stated that “A Complainant…..must also demonstrate that there are reasons but for which the case would have been referred in time” (emphasis added in bold). In the present case, I am satisfied the Complainant has not argued or demonstrated reasonable cause for the delay in bringing his complaint within the six month time limit prescribed by Section 27(4) of the Organisation of Working Time Act [1997-2020] and Section 41(6) of the Workplace Relations Act [2015 – 2021]. Accordingly, I decide not to extend the deadline for submission of his complaints by a further six months. I am satisfied the cognizable period for bringing the complaints ran from 19/12/2024 – 18/6/2025. As a result I do not have jurisdiction in relation to any complaints which allegedly arose prior to 19/12/2024. Re: Annual Leave Paragraph 19 of the Organisation of Working Time Act [1997-2020] provides as follows: “(1) Subject……, an employee shall be entitled to paid annual leave……. equal to – (a) 4 working weeks in the leave year in which he or she works at least 1,365 hours……, (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 four 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.” In light of the discussions which emerged in the course of the adjudication hearing, I am satisfied the Complainant is not owed any statutory annual leave in respect of the leave year 1/4/2024 – 31/3/2025 or for the leave year commencing 1/4/2025 until the end of his employment with the Respondent on 20/4/2025. Re: Public Holidays Paragraph 21 of the Organisation of Working Time Act [1997-2020] provides as follows: “(1) Subject…… an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely – (a) a paid day off on that day, (b) a paid day off within a month of that day, (c) an additional day of annual leave, (d) an additional day’s pay……”
In light of the discussion which emerged in the course of the adjudication hearing, I am satisfied the Complainant is owed payment in respect of five public holidays – namely the amount of €640 for the days 25/12/2024, 26/12/2024, 1/1/2025, 3/2/2025 and 17/3/2025. |
Decision:
Section 41 of the Workplace Relations Act [2015 – 2021] requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00072543-001 For the reasons outlined the complaint in respect of public holidays pursuant to Paragraph 21 of the Organisation of Working Time Act [1997-2020] is well founded. I hereby award the Complainant the amount of €640 gross pay in respect of the five public holidays owing – vis - 25/12/2024, 26/12/2024, 1/1/2025, 3/2/2025 and 17/3/2025. In addition I decide the Respondent should also pay the Complainant €450 compensation for its failure to pay his public holiday entitlements as they fell due. These amounts are subject to such statutory deductions as may apply. For the reasons outlined the complaint in respect of annual leave pursuant to Paragraph 19 of the Organisation of Working Time Act [1997-2020] is not well founded. |
Dated: 04 September 2026
Workplace Relations Commission Adjudication Officer: Anne McElduff
Key Words:
Time Limit, Annual Leave, Public Holidays |