ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00000609

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 02/03/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977 and Section 27 of the Organisation of Working Time Act, 1997 and Section 6 (1) of the Payment of Wages Act 1991 and Section 7 (1) of the Terms of Employment (Information) Act, 1994 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.

Complainant’s Submission:

The complainant stated that she worked as a cleaner for the respondent from 29 April 2014 to 17 September 2015. She was paid at the rate of €8.65 per hour and worked 45 hours per week. She has filed 4 separate complaints with the WRC against the respondent on 16 November 2015.

COMPLAINT 1:  Filed under Section 27 of the Organisation of Working Time Act, 1997.

Breach of Section 14 (1) of 1997 Act.

Reference Number:       CA-00000890-001

This complaint relates to the non payment of a premium payment for Sunday working. She worked most Sundays and was only paid €8.65 per hour. In accordance with Section 14 (1) of the 1997 Act an employee who is required to work on Sundays (and the fact that her having to work on that day has not otherwise been taken into account in the determination of her pay) shall be compensated by her employer for being required to work on Sundays. She should have received payment of time and a half (€12.97 per hour). She received €64.80 for working 7½ hours on a Sunday when she should have received €97.27 leaving a shortfall of €32.47. Over the reference period relating to the claim she worked a total of 8 Sundays. She is owed a payment of €259.76.

Breach of Section 21 (1) of the 1997 Act.

Reference Number:       CA-00000890-003

She was only paid for 1 Public holiday in December 2014. She received no Public holiday entitlement in 2015. Over the reference period relating to the claim she had an entitlement of 2 Public holidays. The respondent has breached Section 21 (1) by not paying her this entitlement. She is owed payment of €129.75 in Public holiday entitlements.

Breaches of Section 11 of the 1997 Act.

Reference Number:       CA-00000890-004

The complainant stated that she did not receive a daily rest period of not less than 11 consecutive hours in each period of 24 hours in the months of July & August 2015. Therefore the respondent is in breach of Section 11 of the 1997 Act.

Breaches of Section 13 (2) of the 1997 Act.

Reference Number:       CA-00000890-005

The complainant stated that there were a number of weeks during the reference period when she was required to work without receiving a rest period of 24 consecutive hours in line with Section 13 (2) of the 1997 Act.

COMPLAINT 2

Breach of Section 5 (1) of the Payment of Wages Act 1991.

Reference Number:       CA-00000890-002

The complainant stated that she was not paid her minimum notice entitlement of one week on the termination of her employment, and she received no overtime entitlements for working approximately 6 hours per week overtime during the reference period of 8 weeks contrary to Section 5 (1) of the Payment of Wages Act, 1991.

COMPLAINT 3

Breaches of Section 5 (1) of the Terms of Employment (Information) Act, 1994.

Reference Number:       CA-0000890-006

The complainant stated that she was not notified in writing of a change to her terms and conditions of employment contrary to Section 5 (1) of the 1994 Act.

COMPLAINT 4

Breaches of Section 8 of the Unfair Dismissals Act, 1977.

Reference Number:       CA-00000890-007

The complainant stated that she was due to return to work on 25 August 2015 after taking her annual leave. However due to a medical emergency she was unable to return to work until 2 weeks later. She sent a text to her Manager/Supervisor on 23 August 2015 advising her of the situation. When she returned to work on 17 September 2015 she met with her Supervisor and his assistant and outlined to them the reasons for not returning to work on the due date. The respondent dismissed her on the grounds that she had breached her contract of employment by not returning to work on the correct date. She appealed this decision but heard nothing on the outcome of the appeal. She feels that she was unfairly dismissed from her employment without due process or fair procedures.

Respondent’s Submission:

The respondent did not attend the Hearing.

FINDINGS:

Complaint 1 – Organisation of Working Time Act, 1997.

Based on the uncontested evidence presented at the Hearing, I find as follows:

Reference Number:       CA- 00000890-001

I find that the respondent has breached Section 14 (1) of the 1997 Act in relation to the non payment of a Sunday premium entitlement. The claimant is entitled to be paid an additional sum of €259.76.

Reference Number:       CA-00000890-003

I find that the respondent has breached Section 21 (1) of the 1997 Act in relation to the non payment of 2 Public holidays. The claimant is entitled to be paid €129.75

Reference Number:       CA-00000890-004

I find that the respondent has breached Section 11 of the 1997 Act in relation to entitlement to daily rest periods. The complainant is to be paid €900 in compensation for this breach of the 1997 Act.

Reference Number:       CA-00000890-005

I find that the respondent has breached Section 13(2) of the 1997 Act in relation to entitlement to rest periods. The complainant is to be paid €900 in compensation for breaches of the 1997 Act.

Complaint 2 – Payment of Wages Act, 1991.

Reference Number:       CA-00000890-002

I find that the respondent has breached Section 5 (1) of the 1991 Act in relation to the non payment of 1 week minimum notice entitlement in the sum of €389.26 and overtime entitlement in the sum of €207.36.

Complaint 3 – Terms of Employment (Information) Act, 1994 – Breaches of Section 5 (1).

Reference Number:       CA-00000890-06

I find that this complaint is not well founded.

Complaint 4 – Unfair Dismissals Act, 1977 – Breaches of Section 8..

Reference Number: - CA-00000890-007

I find that the complainant was not afforded due process and fair procedures in the manner in which she was dismissed from her employment. The complainant is to be paid compensation in the sum of €900 for being unfairly dismissed from her employment.

Decision:

Section 41(4) 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.

COMPLAINT 1:

Organisation of Working Time Act, 1997.

Based on the uncontested evidence presented, I find that the complaints filed in relation to breaches of this Act are well founded. I order the respondent to pay to the complainant compensation in the sums of:-

€259.76 for breaches of Section 14 (1) of the 1997 Act.

€129.75 for breaches of Section 21 (1) of the 1997 Act.

€900.00 for breaches of Section 11 of the 1997 Act.

€900 for breaches of Section 13 (2) of the 1997 Act.

The total sum of €2,189.51 must be paid to the complainant within 6 weeks of the date of this Decision.

COMPLAINT 2:

Payment of Wages Act, 1991.

I find that the complaints filed in relation to breaches of this Act are well founded. I order the respondent to pay to the complainant compensation in the sum of €596.61 for breaches of Section 5 (1) of the Payment of Wages Act, 1991.

This sum must be paid within 6 weeks of the date of this Decision.

COMPLAINT 3:

Terms of Employment (Information) Act, 1994.

Based on the uncontested evidence presented, I find that this complaint is not well founded and therefore fails.

COMPLAINT 4:

Unfair Dismissals Act, 1977.

Based on the uncontested evidence presented, I find that this complaint is well founded. I order the respondent to pay to the complainant compensation in the sum of €900 for breaches of Section 8 of the Unfair Dismissals Act, 1977.

This sum must be paid within 6 weeks of the date of this Decision.

DATE:     7 April 2016