ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001386

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

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00001908-001	13/01/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00001908-003	13/01/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00001908-004	13/01/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00001908-005	13/01/2016

Date of Adjudication Hearing: 20/04/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, and or Section 7 of the Terms of Employment (Information) Act, 1994 , Section 27 of the Organisation of Working Time Act, 1997, Section 11 of the Minimum Notice & Terms of Employment Act, 1973 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

I never received a contract of employment when I commenced working for the company and even after numerous requests I was not provided with one.

I worked for the company from 4th April 2015 until 10th October 2015 and in that time accrued 61 hours in holiday pay. DB an employee/ Manager of the company confirmed I was owed holiday pay for 61 hours and it would be paid to me. After numerous communications with the company since October 2015 I have still not received any payment for my holiday entitlement. I have sent emails and rang the company a number of times but to no avail.

I was advised by email on the 5th November 2015 that the contract for the XXX Hotel was no longer with Respondent Security and had been given to BCS Security. I was not given any notice of the end of my employment with XXX Respondent Security and was not paid any monies owed.

Upon the ending of my employment with Respondent Security I did not receive a P45.

Respondent’s Submission and Presentation:

Respondent did not attend and no submission was received.

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 and the relevant Sections of the Acts listed in the complaints above.

Issues for Decision:

Act	Complaint/Dispute Reference No.	Nature of Decision required
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00001908-001	Non receipt of a Contract Of Employment
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00001908-003	Non payment of Holiday pay
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00001908-004	Non payment of Notice on Termination of Contract
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00001908-005	Non Receipt of Tax documents /specifically a P45

Legislation involved and requirements of legislation:

As listed above

Decisions and Redress:

The Respondent did not attend and no information was forthcoming.

The complaint had Payslips and a Holiday Request sheet in support of his claim. He was a very credible witness.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00001908-001

As there was no evidence of any Contract of Employment having been issued to the Complainant I award one weeks pay as Compensation. The rate of pay (€10.00 per hour) is calculated from the final pay slip presented (23/10/2015). Average hours worked appeared to have varied somewhat in excess of 40 hours. However the Complainant maintained that his basic week was 40 hours. Accordingly the sum is 40 hours by €10.00 = €400

As this is a Compensation award it is, subject to Revenue approval, non taxable.

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00001908-003

Non payment of Holiday pay

The Complainant provided evidence of holidays applied for on the 5^th October 2015 – some 61 hours which it was maintained had been agreed to by the Respondent.

No evidence was forthcoming of any Holiday pay having been made (final pay slip appeared to be dated the 23/10/2015.)

Accordingly I award 61 hours Holiday Pay to the Complainant – 61 X 10.00 = €610.

As this is Holiday Pay it is taxable.

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00001908-004

From the pay slips provided it appears that employees were paid to the date of transfer of the Contract – however formal notice to the employees was only given on the 5^th November 2015 ( E mail evidence supplied by the Complainant) of the ending of the Contract on the 8^th November.

Accordingly notice pay under the Minimum Notice & Terms of Employment Act, 1973 is not warranted.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00001908-005

The Complainant based his claim on the non receipt of his P45. I advised him that this was a matter for the Revenue and he undertook to raise it with them.

I make no award here.

Dated: 1^st July 2016