ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000201
Complaints for Resolution:
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-00000208-001 | 12/10/2015 |
Complaint seeking adjudication by the Workplace Relations Co Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00000208-002 | 12/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00000208-003 | 12/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997. Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act, 1997 Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act, 1997. Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00000208-004
CA-00000208-005
CA-00000208-008
CA-00000208-006 | 12/10/2015
14/10/2015
15/10/2015.
29/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00001875-001 | 08/01/2016 |
Date of Adjudication Hearing: 13
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1)(b) of the Unfair Dismissals Act, 1977, and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The Complainant was employed from 20th January 2014 until the employment terminated on 7th October 2015. The Complainant was paid €11.00 an hour. The Complainant was provided with a written statement of her Terms and Conditions of Employment.
The Complainant referred the following complaints to the Workplace Relations Commission –
12th October 2015 –
A complaint under the Minimum Notice and Terms of Employment Act, 1973 alleging she had not been paid Minimum Notice on termination of the employment
A complaint under the Payment of Wages Act, 1991 that she had not been paid her Minimum Notice on termination of the employment and that she had not been paid wages for her last week of employment to 7th October 2015
A complaint under the Organisation of Working Time Act, 1997 of Penalisation under Section 26 of the Act.
14th October 2015 –
A complaint under the Organisation of Working Time Act, 1997 of Penalisation under Section 26 of the Act
15th October 2015 –
A complaint under the Organisation of Working Time Act, 1997 alleging a breach of Sections 19/20 and 23 of the Act
29th October 2015 –
A complaint under the National Minimum Wage Act, 2000 that the Respondent had breached the Act in relation to Section 23.
These complainants were heard in conjunction with complaints r-159660-te-15 and r-159752-wt-15 on the same day and the Adjudication Officers preliminary issues raised equally apply to these complaints.
Summary of Complainant’s Position. Complaints submitted on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. The Complainant was given notice of termination on 29th September 2015 and the employment was terminated on 7th October 2015. The Complainant was not required to work. She was entitled to the wages between 24th September and 7th October 2015. €1014 claimed.
Payment of Wages Act, 1991 . The same submission was made in relation to this complaint as for the complaint under the Minimum Notice and Terms of Employment Act, 1973 above.
Organisation of Working Time Act, 1997. The Complainant stated that complaints had been lodged with the Labour Relations Commission on 23rd September 2015 in relation to a breach of Section 12 of the Act. These were received by the Respondent on 24th September 2015. The Complainant worked on 25th September 2015 but was dismissed. The Complainant alleged that the Complainant was penalised under Section 26 of the Act in that she had made complaints and then been dismissed.
Summary of Complainants Position. Complaint submitted on 14th October 2015
Organisation of Working Time Act, 1997. This complaint related to alleged penalisation by the Respondent under Section 26 of the Act. The Submission by the Complainant is the same as for the complaint lodged on 12th October 2015 under the same act as set out above.
Summary of Complainant’s Position. Complaint submitted on 15th October 2015.
Organisation of Working Time Act, 1997. This complaint refers to an alleged breach of Sections 19, 20 and 23. The Complainant received no proper entitlements under Section 19/23 in the leave year 01/04/2015 – 07/10/2015. The Complainant worked in excess of 1365 hours therefore she is entitled to payment of 160 hours, 4 weeks, annual leave. The Complainant was paid €1446.28 for 131.48 hours. The Complainant is claiming payment of €575.00 which is outstanding. There was no submission in relation to an alleged breach of Section 20 of the Act.
Summary of Complainant’s Position. Complaint submitted on 29th October 2015
National Minimum Wage Act, 2000. The Complainant served a Section 23 on the Respondent. No document in compliance with Section 23 was provided.
Summary of Complainant’s Position. Complainant submitted on 8th January 2016.
Unfair Dismissals Act, 1977 The Respondent gave evidence first in relation to this complaint of Unfair Dismissal. The Complainant stated that no issues had been raised with her by her Employer in July or August 2015. She stated she attended for work on Friday 25th September 2015 and she had a meeting with her Employer. She stated that the Employer informed her that because she had lodged complaints with the Labour Relations Commission on 23rd September 2015 that this was the reason for her dismissal.
The Complainant stated that she commenced employment on 23rd November 2015, working 19 hours a week and is paid €9.50 an hour. She is also in receipt of Jobseekers allowance from the Department of Social Protection. The Complainant was requested to forward a statement from the Department and she did so on 4th May 2016.
Summary of Respondent’s Position.
Complaints lodged on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. The Respondent stated that the Complainant was given one week’s notice of the termination of her employment on 29th September 2015 to terminate on 7th October 2015. The Complainant sought to take this one week’s notice as paid annual leave and this was granted.
Payment of Wages Act, 1991. The Complainant was rostered for week-ending 27th September 2015 and she worked two days that week according to her roster - copy provided. The Complainant was dismissed with one weeks’ notice on 27th September 2015.
Organisation of Working Time Act, 1997. The Complainant states that she served notice of a complaint to the LRC on 23rd September 2015 which was received by the Respondent on 24th September 2014. The Complainant worked on 25th September 2015 and was then dismissed. She is alleging penalisation under Section 26 of the Act. The Respondent received notice of complaints on 25th September 2015 and these are date stamped as received on 25th September 2015. The Complainant was rostered for week-ending 27th September 2015 and she was not rostered to work on the Saturday and Sunday – Rosters provided. The Complainant’s contract of employment was terminated on Tuesday 29th September 2015 for three specified reasons which were outlined to the Complainant. The Complainant was not penalised because she lodged complaints with the LRC
Complaints lodged on 14th October 2015. Organisation of Working Time Act, 1997. This complaint is the same as that lodged on 12th October 2015 under the OWTA, 1997 and the response is the same.
Complaint lodged on 15th October 2015. Organisation of Working Time Act, 1997. Section 19 – The Complainant was paid her annual leave in full, payment of €1446.23 was paid to her on 15th October 2015 being all outstanding annual leave. Section 20 – The Complainant did not request any annual leave since the beginning of 2015, she did request holiday pay, and therefore the Complainant was asked to take a week of her annual leave in lieu of working the one week’s notice. Section 23 – The Complainant has been paid all her annual leave entitlements on termination of her employment.
Complaint lodged on 29th October 2015 – National Minimum Wage Act, 2000. The Complainant served a Section 23 Notice on the Respondent by letter dated 23rd September 2015. This was responded to by email dated 25th September 2015 – copy provided. The Complainant was paid €11.00 an hour which is in excess of the National Minimum Wage of €8.65 an hour
Complaint lodged on 8th January 2016 – Unfair Dismissals Act, 1977. The Respondent was the first to present evidence in relation to this complaint. The Complainant was dismissed by email dated 29th September 2015 with one week’s notice to terminate on 7th October 2015. The Complainant was dismissed for three reasons (1) Her refusal or incompetence to use the correct ingredients in recipes as instructed by the Head Chef on a number of occasions (2) Her failure to order food for delivery for the next day of service on 18th September 2015 and all had to be purchased in the local convenience stores. (3) Her confrontational bullying manner of another employee for which she had already received a verbal warning but her actions did not cease. The Respondent stated that there were numerous complaints from staff and the Manager throughout 2015. These complaints related to the Complainant being verbally aggressive and not obeying instructions. The Complainant was issued with a verbal warning in July 2015 and a final verbal warning was issued to the Complainant in August 2015. A third warning was issued to the Complainant in September 2015. The Complainant was invited to attend an investigation meeting on 25th September 2015 but there are no notes or minutes available in relation to this meeting as confirmed by the Respondent. The Complainant was dismissed by email dated 29th September 2015.
Findings
On the basis of the evidence from both Parties I find as follows:
Complaints lodged on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. The Complainant was employed from 20th January 2015 until the employment was terminated on 7th October 2015 with one week’s notice. The Respondent stated that the Complainant had opted to take one week’s annual leave rather than work her notice. This was disputed by the Complainant. I note the Respondent’s response in relation to the complaint under the Organisation of Working Time Act, 1997 under Section 19 of that Act that the Respondent stated that as the Complainant had not taken any annual leave since the beginning of 2015 she was asked to take a week of her paid holiday in lieu of working the weeks’ notice and she agreed. I find that under Section 4 (2) (a) of the Act the Complainant is entitled to payment of one week’s notice on termination of her employment.
Payment of Wages Act, 1991. The Complainant is seeking payment of €1014.00 wages for week-ending 7th October 2015. I have found that the Complainant was entitled to payment of one week’s notice on termination of her employment this to cover the period up to 7th October 2015. Therefore this complaint is not well founded. The Complainant did not work that week.
Organisation of Working Time Act, 1997. This complaint relates to penalisation under Section 26 of the Act. The Complainant lodged complaints with the Labour Relations Commission on 24th September 2015 under R- 159752-wt-15 which were received by the Respondent on 25th September 2015. The Complainant was dismissed on 29th September 2015 to take effect from 7th October 2015 and the Complainant alleges that she was dismissed for making the complaints. There is also a complaint lodged with the Workplace Relations Commission on 8th January 2016 and the issue of the Complainant’s dismissal will be adjudicated on under that complaint.
Complaints lodged on 14th October 2015.
Organisation of Working Time Act, 1997. This complaint is a duplicate of the complaint lodged on 14th October 2015 under the same Act and which I have dealt with above in my Findings.
Complaints lodged on 15th October 2015
Organisation of Working Time Act, 1997. – Section 19
Both Parties confirmed that the Complainant was paid €1446.28 gross on termination of her employment. The Complainant is claiming that the Complainant worked in excess of 1365 hours between April and October 2015 and therefore is entitled to payment of 4 weeks annual leave. The Complainant is claiming payment of the balance of €575.00. I was provided with the Roster for the Complainant by both the Respondent and the Complainant. It was impossible to read the copies submitted by the Complainant but the copies received from the Respondent were legible. These show that the Complainant worked a total of 1127.5 hours between April and October 2015. The Complainant is entitled to 90.2 hours annual leave. The Complainant has been paid for 131.48 hours on 15th October 2015. However according to the Complainants Contract of Employment her annual leave year was from January to December 2015 and both Parties confirmed that the Complainant did not take any annual leave between January and April 2015. The evidence from the Rosters is that the Complainant worked in excess of 1365 hours between January and 7th October 2015 and is entitled to 4 weeks annual leave. I find that the Complainant is entitled to payment of 19 hours x €11.00 an hour = €209.00
Section 20. There was no submission made at the Hearing or by way of a written submission that the Respondent had breached Section 20 of the Act.
Section 23. This is the same complaint as that under Section 19 above of the Act and relates to payment of annual leave due on termination of the employment. I have issued my findings above in relation to this complaint.
Complainant submitted on 29th October 2015
National Minimum Wage Act, 2000. Both Parties confirmed that the Complainant had served a Section 23 Notice on the Respondent on 23rd September 2015 and the Complainant stated there was no response. Therefore the Complainant is alleging a breach of Section 23 of the Act. The Respondent emailed a response to the Complainant on 25th September 2015 and a copy of this email was provided to the Hearing. I find there is no breach of Section 23 of the Act.
Complaintreferred on 8th January 2016.
Unfair Dismissal Act, 1977.
There was a conflict of evidence between the Parties in relation to the alleged verbal warnings issued to the Complainant between July and September 2015 with the Respondent stating the Complainant was issued verbal warnings and the Complainant denying this. These alleged warnings were not followed in writing to the Complainant.
Both Parities confirmed there was a meeting held between the Respondent and the Complainant on Friday 25th September at which a number of issues were raised with the Complainant in relation to her obeying instruction – failure to order the daily requirements in advance and her behaviour towards colleagues. However I note there were no written complaints made by her colleagues against the Complainant nor was the Complainant informed in advance of the nature of the meeting to be held on 25th September 2015. I further note that the letter of dismissal does not afford the Complainant an opportunity to appeal her dismissal.
I note that the Complainant is currently working 19 hours a week and is paid €9.50 an hour since 23rd November 2015. A P60 for 2015 was provided post the Hearing. I further note that the Complainant is in receipt of Job Seekers Allowance from 1st October 2015 to 19th April 2016 and this was confirmed by the Department of Social Protection in a letter dated 18th April 2016.
Decision:
Section 41(5) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8(1) (c ) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Complaints referred to the WRC on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. CA-00000208-002 I declare this complaint is well founded. I direct the Respondent to pay the Complaint the sum of €507.00 gross, subject to any lawful deductions, within six weeks of the date of this Decision
Payment of Wages Act, 1991.CA-00000208-003 I declare this complaint is not well founded as I have directed the Respondent to pay the Complainant one week’s notice as set out above.
Organisation of Working Time Act, 1997CA-00000208-001 and 004. I declare this complaint under Section 26 of the Act is not well founded. There was no evidence to support the Complaint
Complaint referred to the WRC on 14th October 2015.
Organisation of Working Time Act, 1997 CA-00000208-005. This complaint is a duplicate of the complaint submitted to the WRC on 12th October 2015 in relation to an alleged breach of Section 26 of the Act. I have given my decision above.
Complaint referred to the WRC on 15th October 2015.-CA-00000208-008
Organisation of Working Time Act, 1997. There was no submission made at the Hearing or by way of a written submission in relation to the complaint under Section 20 of the Act. The remaining complaints related to an alleged breach of Sections 19 and 23 of the Act in relation to annual leave due on termination of the employment. In view of my findings above I declare these complaints are well founded. I direct the Respondent to pay the Complainant the sum of €209.00 gross, subject to any lawful deductions, within six weeks of the date of this Decision.
Complaint referred to the WRC on 29th October 2015.CA-00000208-006
National Minimum Wage Act, 2000. On the basis of the evidence and my findings above I declare the Complaint is not well founded. The Respondent has not breached Section 23 of the Act.
Complaint referred to the WRC on 8th January 2016.CA-00001875-001
Unfair Dismissals Act, 1997. On the basis of the evidence and my findings above and in accordance with Section 8 (1) (c) of the Act I declare the complaint is well founded.
- th September 2015 of the issues to be addressed at that meeting. The Complainant was not informed of her right to be accompanied to this meeting. There are no notes or minutes available of that meeting. The letter of dismissal dated 29th September 2015 does not allow for an appeal by the Complainant of her dismissal. The dismissal did not take account of the necessity of fair procedures and natural justice in relation to the dismissal of an employee by their employer.
I direct the Respondent to pay the Complainant compensation of €3000.00 (three thousand euro) within six weeks of the date of this Decision.
Date:__29 August 2016________________________________
7th October 2015
A complaint under the Organisation of Working Time Act, 1997 of Penalisation under Section 26 of the Act.
14th October 2015 –
A complaint under the Organisation of Working Time Act, 1997 of Penalisation under Section 26 of the Act
15th October 2015 –
A complaint under the Organisation of Working Time Act, 1997 alleging a breach of Sections 19/20 and 23 of the Act
29th October 2015 –
A complaint under the National Minimum Wage Act, 2000 that the Respondent had breached the Act in relation to Section 23.
These complainants were heard in conjunction with complaints r-159660-te-15 and r-159752-wt-15 on the same day and the Adjudication Officers preliminary issues raised equally apply to these complaints.
Summary of Complainant’s Position. Complaints submitted on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. The Complainant was given notice of termination on 29th September 2015 and the employment was terminated on 7th October 2015. The Complainant was not required to work. She was entitled to the wages between 24th September and 7th October 2015. €1014 claimed.
Payment of Wages Act, 1991 . The same submission was made in relation to this complaint as for the complaint under the Minimum Notice and Terms of Employment Act, 1973 above.
Organisation of Working Time Act, 1997. The Complainant stated that complaints had been lodged with the Labour Relations Commission on 23rd September 2015 in relation to a breach of Section 12 of the Act. These were received by the Respondent on 24th September 2015. The Complainant worked on 25th September 2015 but was dismissed. The Complainant alleged that the Complainant was penalised under Section 26 of the Act in that she had made complaints and then been dismissed.
Summary of Complainants Position. Complaint submitted on 14th October 2015
Organisation of Working Time Act, 1997. This complaint related to alleged penalisation by the Respondent under Section 26 of the Act. The Submission by the Complainant is the same as for the complaint lodged on 12th October 2015 under the same act as set out above.
Summary of Complainant’s Position. Complaint submitted on 15th October 2015.
Organisation of Working Time Act, 1997. This complaint refers to an alleged breach of Sections 19, 20 and 23. The Complainant received no proper entitlements under Section 19/23 in the leave year 01/04/2015 – 07/10/2015. The Complainant worked in excess of 1365 hours therefore she is entitled to payment of 160 hours, 4 weeks, annual leave. The Complainant was paid €1446.28 for 131.48 hours. The Complainant is claiming payment of €575.00 which is outstanding. There was no submission in relation to an alleged breach of Section 20 of the Act.
Summary of Complainant’s Position. Complaint submitted on 29th October 2015
National Minimum Wage Act, 2000. The Complainant served a Section 23 on the Respondent. No document in compliance with Section 23 was provided.
Summary of Complainant’s Position. Complainant submitted on 8th January 2016.
Unfair Dismissals Act, 1977 The Respondent gave evidence first in relation to this complaint of Unfair Dismissal. The Complainant stated that no issues had been raised with her by her Employer in July or August 2015. She stated she attended for work on Friday 25th September 2015 and she had a meeting with her Employer. She stated that the Employer informed her that because she had lodged complaints with the Labour Relations Commission on 23rd September 2015 that this was the reason for her dismissal.
The Complainant stated that she commenced employment on 23rd November 2015, working 19 hours a week and is paid €9.50 an hour. She is also in receipt of Jobseekers allowance from the Department of Social Protection. The Complainant was requested to forward a statement from the Department and she did so on 4th May 2016.
Summary of Respondent’s Position.
Complaints lodged on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. The Respondent stated that the Complainant was given one week’s notice of the termination of her employment on 29th September 2015 to terminate on 7th October 2015. The Complainant sought to take this one week’s notice as paid annual leave and this was granted.
Payment of Wages Act, 1991. The Complainant was rostered for week-ending 27th September 2015 and she worked two days that week according to her roster - copy provided. The Complainant was dismissed with one weeks’ notice on 27th September 2015.
Organisation of Working Time Act, 1997. The Complainant states that she served notice of a complaint to the LRC on 23rd September 2015 which was received by the Respondent on 24th September 2014. The Complainant worked on 25th September 2015 and was then dismissed. She is alleging penalisation under Section 26 of the Act. The Respondent received notice of complaints on 25th September 2015 and these are date stamped as received on 25th September 2015. The Complainant was rostered for week-ending 27th September 2015 and she was not rostered to work on the Saturday and Sunday – Rosters provided. The Complainant’s contract of employment was terminated on Tuesday 29th September 2015 for three specified reasons which were outlined to the Complainant. The Complainant was not penalised because she lodged complaints with the LRC
Complaints lodged on 14th October 2015. Organisation of Working Time Act, 1997. This complaint is the same as that lodged on 12th October 2015 under the OWTA, 1997 and the response is the same.
Complaint lodged on 15th October 2015. Organisation of Working Time Act, 1997. Section 19 – The Complainant was paid her annual leave in full, payment of €1446.23 was paid to her on 15th October 2015 being all outstanding annual leave. Section 20 – The Complainant did not request any annual leave since the beginning of 2015, she did request holiday pay, and therefore the Complainant was asked to take a week of her annual leave in lieu of working the one week’s notice. Section 23 – The Complainant has been paid all her annual leave entitlements on termination of her employment.
Complaint lodged on 29th October 2015 – National Minimum Wage Act, 2000. The Complainant served a Section 23 Notice on the Respondent by letter dated 23rd September 2015. This was responded to by email dated 25th September 2015 – copy provided. The Complainant was paid €11.00 an hour which is in excess of the National Minimum Wage of €8.65 an hour
Complaint lodged on 8th January 2016 – Unfair Dismissals Act, 1977. The Respondent was the first to present evidence in relation to this complaint. The Complainant was dismissed by email dated 29th September 2015 with one week’s notice to terminate on 7th October 2015. The Complainant was dismissed for three reasons (1) Her refusal or incompetence to use the correct ingredients in recipes as instructed by the Head Chef on a number of occasions (2) Her failure to order food for delivery for the next day of service on 18th September 2015 and all had to be purchased in the local convenience stores. (3) Her confrontational bullying manner of another employee for which she had already received a verbal warning but her actions did not cease. The Respondent stated that there were numerous complaints from staff and the Manager throughout 2015. These complaints related to the Complainant being verbally aggressive and not obeying instructions. The Complainant was issued with a verbal warning in July 2015 and a final verbal warning was issued to the Complainant in August 2015. A third warning was issued to the Complainant in September 2015. The Complainant was invited to attend an investigation meeting on 25th September 2015 but there are no notes or minutes available in relation to this meeting as confirmed by the Respondent. The Complainant was dismissed by email dated 29th September 2015.
Findings
On the basis of the evidence from both Parties I find as follows:
Complaints lodged on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. The Complainant was employed from 20th January 2015 until the employment was terminated on 7th October 2015 with one week’s notice. The Respondent stated that the Complainant had opted to take one week’s annual leave rather than work her notice. This was disputed by the Complainant. I note the Respondent’s response in relation to the complaint under the Organisation of Working Time Act, 1997 under Section 19 of that Act that the Respondent stated that as the Complainant had not taken any annual leave since the beginning of 2015 she was asked to take a week of her paid holiday in lieu of working the weeks’ notice and she agreed. I find that under Section 4 (2) (a) of the Act the Complainant is entitled to payment of one week’s notice on termination of her employment.
Payment of Wages Act, 1991. The Complainant is seeking payment of €1014.00 wages for week-ending 7th October 2015. I have found that the Complainant was entitled to payment of one week’s notice on termination of her employment this to cover the period up to 7th October 2015. Therefore this complaint is not well founded. The Complainant did not work that week.
Organisation of Working Time Act, 1997. This complaint relates to penalisation under Section 26 of the Act. The Complainant lodged complaints with the Labour Relations Commission on 24th September 2015 under R- 159752-wt-15 which were received by the Respondent on 25th September 2015. The Complainant was dismissed on 29th September 2015 to take effect from 7th October 2015 and the Complainant alleges that she was dismissed for making the complaints. There is also a complaint lodged with the Workplace Relations Commission on 8th January 2016 and the issue of the Complainant’s dismissal will be adjudicated on under that complaint.
Complaints lodged on 14th October 2015.
Organisation of Working Time Act, 1997. This complaint is a duplicate of the complaint lodged on 14th October 2015 under the same Act and which I have dealt with above in my Findings.
Complaints lodged on 15th October 2015
Organisation of Working Time Act, 1997. – Section 19
Both Parties confirmed that the Complainant was paid €1446.28 gross on termination of her employment. The Complainant is claiming that the Complainant worked in excess of 1365 hours between April and October 2015 and therefore is entitled to payment of 4 weeks annual leave. The Complainant is claiming payment of the balance of €575.00. I was provided with the Roster for the Complainant by both the Respondent and the Complainant. It was impossible to read the copies submitted by the Complainant but the copies received from the Respondent were legible. These show that the Complainant worked a total of 1127.5 hours between April and October 2015. The Complainant is entitled to 90.2 hours annual leave. The Complainant has been paid for 131.48 hours on 15th October 2015. However according to the Complainants Contract of Employment her annual leave year was from January to December 2015 and both Parties confirmed that the Complainant did not take any annual leave between January and April 2015. The evidence from the Rosters is that the Complainant worked in excess of 1365 hours between January and 7th October 2015 and is entitled to 4 weeks annual leave. I find that the Complainant is entitled to payment of 19 hours x €11.00 an hour = €209.00
Section 20. There was no submission made at the Hearing or by way of a written submission that the Respondent had breached Section 20 of the Act.
Section 23. This is the same complaint as that under Section 19 above of the Act and relates to payment of annual leave due on termination of the employment. I have issued my findings above in relation to this complaint.
Complainant submitted on 29th October 2015
National Minimum Wage Act, 2000. Both Parties confirmed that the Complainant had served a Section 23 Notice on the Respondent on 23rd September 2015 and the Complainant stated there was no response. Therefore the Complainant is alleging a breach of Section 23 of the Act. The Respondent emailed a response to the Complainant on 25th September 2015 and a copy of this email was provided to the Hearing. I find there is no breach of Section 23 of the Act.
Complaintreferred on 8th January 2016.
Unfair Dismissal Act, 1977.
There was a conflict of evidence between the Parties in relation to the alleged verbal warnings issued to the Complainant between July and September 2015 with the Respondent stating the Complainant was issued verbal warnings and the Complainant denying this. These alleged warnings were not followed in writing to the Complainant.
Both Parities confirmed there was a meeting held between the Respondent and the Complainant on Friday 25th September at which a number of issues were raised with the Complainant in relation to her obeying instruction – failure to order the daily requirements in advance and her behaviour towards colleagues. However I note there were no written complaints made by her colleagues against the Complainant nor was the Complainant informed in advance of the nature of the meeting to be held on 25th September 2015. I further note that the letter of dismissal does not afford the Complainant an opportunity to appeal her dismissal.
I note that the Complainant is currently working 19 hours a week and is paid €9.50 an hour since 23rd November 2015. A P60 for 2015 was provided post the Hearing. I further note that the Complainant is in receipt of Job Seekers Allowance from 1st October 2015 to 19th April 2016 and this was confirmed by the Department of Social Protection in a letter dated 18th April 2016.
Decision:
Section 41(5) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8(1) (c ) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Complaints referred to the WRC on 12th October 2015
Minimum Notice and Terms of Employment Act, 1973. CA-00000208-002 I declare this complaint is well founded. I direct the Respondent to pay the Complaint the sum of €507.00 gross, subject to any lawful deductions, within six weeks of the date of this Decision
Payment of Wages Act, 1991.CA-00000208-003 I declare this complaint is not well founded as I have directed the Respondent to pay the Complainant one week’s notice as set out above.
Organisation of Working Time Act, 1997CA-00000208-001 and 004. I declare this complaint under Section 26 of the Act is not well founded. There was no evidence to support the Complaint
Complaint referred to the WRC on 14th October 2015.
Organisation of Working Time Act, 1997 CA-00000208-005. This complaint is a duplicate of the complaint submitted to the WRC on 12th October 2015 in relation to an alleged breach of Section 26 of the Act. I have given my decision above.
Complaint referred to the WRC on 15th October 2015.-CA-00000208-008
Organisation of Working Time Act, 1997. There was no submission made at the Hearing or by way of a written submission in relation to the complaint under Section 20 of the Act. The remaining complaints related to an alleged breach of Sections 19 and 23 of the Act in relation to annual leave due on termination of the employment. In view of my findings above I declare these complaints are well founded. I direct the Respondent to pay the Complainant the sum of €209.00 gross, subject to any lawful deductions, within six weeks of the date of this Decision.
Complaint referred to the WRC on 29th October 2015.CA-00000208-006
National Minimum Wage Act, 2000. On the basis of the evidence and my findings above I declare the Complaint is not well founded. The Respondent has not breached Section 23 of the Act.
Complaint referred to the WRC on 8th January 2016.CA-00001875-001
Unfair Dismissals Act, 1997. On the basis of the evidence and my findings above and in accordance with Section 8 (1) (c) of the Act I declare the complaint is well founded.
- 14th September 2015 of the issues to be addressed at that meeting. The Complainant was not informed of her right to be accompanied to this meeting. There are no notes or minutes available of that meeting. The letter of dismissal dated 29th September 2015 does not allow for an appeal by the Complainant of her dismissal. The dismissal did not take account of the necessity of fair procedures and natural justice in relation to the dismissal of an employee by their employer.
I direct the Respondent to pay the Complainant compensation of €3000.00 (three thousand euro) within six weeks of the date of this Decision.
Date:__29 August 2016________________________________