ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002693

Complaint for Resolution:

Date of Adjudication Hearing: 21/06/2016

At:   Workplace Relations Commission, Haddington Road, Dublin 4.

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and 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 was employed from 19^th October 2015 until the employment terminated on 30^th March 2016. The Complainant was paid €9.50 an hour effective from January 2016 and she worked 25 hours a week. The Complainant was given a written Statement of her Terms and Conditions of Employment.

The Complainant referred a complaint to the Workplace Relations Commission on 10^th April 2016 alleging the Respondent had not paid her Minimum Notice on termination of the employment.

Summary of Complainant’s Position.

The Complainant stated that the Respondent had terminated her employment and issued her with her P45 after she had requested a statement of her earnings. She stated she had not been paid her entitlement to Minimum Notice.

Summary of Respondent’s Position

The Complainant commenced employment on 10th October 2015. Wages were to be paid on the 28^th of each month. However the Complainant always wanted her wages early, she said, to pay her rent. The Complainant was also on probation for a period of 6 months as per her Contract of Employment.

The Complainant sought a transfer of wages on 28^th March 2016. The Complainant transferred €800.00 to her account and the Complainant disputed these wages. On 29^th March 2016 when the Respondent arrived at work the Complainant raised the issue of her wages being short. The Respondent checked the payslip and realised that the wages paid should have been €813.00. The Respondent offered her cash of €13.00 immediately. The Complainant became abusive and was shouting. She was requested to calm down but became more aggressive in relation to the Accountant who did the wages each month. The Accountant spoke to the Complainant at that time. The Complainant did not resume her work but went to her locker and left the employment.

The Complainant did not arrive for work the following day 30^th March 2016 as rostered. However she did ring some of her work colleagues and informed them that she had quit the job.

The Complainant did not attend for work after 29^th March 2016

However the Complainant did send an email to the Respondent dated 7^th April 2016 seeking a statement of her earnings from the commencement of the employment to her dismissal she alleged on 30th March 2016. The Respondent sent a reply also 7^th April 2016 to state her P45 would be sent in the post and that she had received a P60 for 2015.

Findings

On the basis of the evidence from both Parties I find as follows: The Complainant states that the Respondent dismissed the Complainant on 30^th March 2016. The Complainant did not provide any evidence to the Hearing as to how this dismissal occurred as the Complainant did not attend for work after 29^th March 2016.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 4 (1) of the Minimum Notice and Terms of Employment Act, 1973 states as follows: “An employer shall, in order to terminate the contract of employment of an employee who has been in the continuous employment for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2)”

I decide that the Complainant has not provided evidence to the Hearing that she had been dismissed by the Respondent on 30^th March 2016 as required by Section 4 (1) of the Act before an employee becomes entitled to payment of Minimum Notice.

Date      24^th August 2016