Case Number: ADJ-00009834. Workplace Relations Commission

• Docket Number: ADJ-00009834
• Date: 01 January 2018
• Court: Workplace Relations Commission
• Parties: A Car Valeter v A Car Valeting Company

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009834

Complaint:

ActComplaint/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-00012898-001 01/08/2017 Date of Adjudication Hearing: 09/11/2017 Workplace Relations Commission Adjudication Officer: Pat Brady

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 complainant had been employed by the respondent from September 2007 until March 2017. He was on long term sick leave from 21st September 2015, throughout all of 2016 and up to the date of his termination on March 14th 2017. He was paid €10.00 per hour for a forty hour week

Summary of Complainant’s Case:

The complainant sustained a workplace injury which caused him to be out sick from September 21st 2015 until March 14th 2017 when he resigned as he was not medically fit to carry out his duties. He claimed twenty-seven days and in the course of discussions with the respondent he was offered seventeen which he did not accept.

Summary of Respondent’s Case:

The complainant’s absence on sick leave was not disputed apart from a period of two and a half months where medical certificates were not submitted at the time. It was on this basis that the respondent offered thirteen days in respect of 2016 and four in respect of 2017.

Findings and Conclusions:

Since August 2015 workers have been able to accrue annual leave when they are on long term sick leave. On foot of amendments to the Organisation of Working Time Act 1997, workers were enabled to carryover such accrued annual leave for a period of 15 months after the leave year in question. The new legislation was in response to rulings of the Court of Justice of the European Union on accrual of annual leave entitlements during sick leave. Minister Nash secured Cabinet agreement last November to in order to make these important legislative changes. The amendment to the legislation was made by way of section 86(1) of the Workplace Relations Act 2015. In summary, it resulted in...