Case Number: ADJ-00011376. Workplace Relations Commission

• Docket Number: ADJ-00011376
• Hearing Date: 11 May 2018
• Date: 05 July 2018
• Court: Workplace Relations Commission
• Parties: Ms. X A restaurant owner
• Respondent: A restaurant owner

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011376

Parties:

	Complainant	Respondent
Anonymised Parties	Ms. X	A restaurant owner

Representatives Self Self

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-00015191-001	20/10/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00015191-002	20/10/2017

Date of Adjudication Hearing: 11/May/2018

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Complainant worked as a barista and commenced employment with the Respondent on 22/11/2016, she left this employment on 03/09/2017.During her employment she was paid at the rate of €9.25 per hour and this was increased for a short period to €9.50 per hour. The Complainant alleges that she was left short of pay in lieu of holiday entitlement when she left her employment and, she was rostered to work hours that would be in breach of section 11 of the Organisation of Working Time Act 1997, less than 11 hours between ending work one day and starting work the following day.

Summary of Complainant’s Case:

Complaint CA – 00015191 – 001 - Annual leave entitlement. The Complainant alleges that having worked for more than 1365 hours plus the fact that she had not used all her annual leave she has an entitlement to all her annual leave. When she left employment, she requested her employer to send the balance of her annual leave pay which he refused. Complaint CA – 00015191 – 002 – Section 11 – Organisation of Working Time Act. The Complainant alleges that several times she was put on a working schedule without proper 11 hours between two shifts. Sometimes she did not get a day off in several weeks. The Complainant alleges that she can produce documentation to this effect.

Summary of Respondent’s Case:

Complaint CA – 00015191 – 001 - Annual leave entitlement. In relation to holiday pay the...