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WRC orders Apcoa to recalculate worker’s annual leave pay

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found five of Rafal Zimnica’s six complaints against Apcoa Parking Ireland Ltd not well founded and upheld a complaint about annual leave pay. It ordered the company to recalculate his annual leave pay for a six-month period and pay any shortfall within 42 days of the decision, dated 24 March 2023. Zimnica, an enforcement officer, said his employment terms had not transferred or been observed after Apcoa took over his employment, and complained about Sunday pay and wage deductions. The WRC found he had received and signed an employment contract, and rejected those complaints. It also found he had not provided enough detail to consider one alleged wage shortfall. On annual leave, the WRC found Apcoa had calculated pay using only the basic hourly rate, rather than the required formula. The order requires recalculation but does not set out a specific shortfall amount.

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