ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00001602

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

Date of Adjudication Hearing: 14/04/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Venue

Ardboyne Hotel Navan

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under section 19,21 and 11 of the Organisation of Working Time Act 1997 and under section 13 of the Industrial Relations Act 1969 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

BACKGROUND

The Complainant was employed as a driver from the 8^th May 2015 to the 27th August 2015. He was paid at the rate of €500 per week for working an average of 60 hours. He alleges that the Respondent failed to pay him his entitlements under sections 19,21 and 11 of the Organisation of Working Time Act 1997 and he had no choice but to resign from his employment as a result. He filed his complaint with the Workplace Relations Commission on the 19^th January 2016.

Complainant’s Submission- Under Organisation of Working Time Act 1997:

Complaint 1: Ref no. CA- 0002248-001

The Complainant stated that he did not receive his annual leave entitlements in line with section 19 of the 1997 Act. He worked 16 weeks working an average of 60 hours per week. He was paid at the rate of €500 per week. His annual leave entitlements amount to €639.44 (16 weeks x 60 hours = 960 hours x 8%= 76.80 hours x €8.30 = €639.44)

Complaint 2: Ref no. CA-00002248-002

The complainant stated he did not receive his public entitlements requirements in line with section 21 of the 1997 Act. He is owed two public holidays in the sum of €200.

Complaint 3: Ref no. CA-00002248-003

The Complainant stated that he did not receive a rest period of not less than 11 consecutive hours in each period of 24 hours on several occasions contrary to section 11 of the 41997 Act. He stated that he worked from 6.30 am to 7pm and did not receive his rest break on many occasions contrary to section 19 of the 1997 Act.

Respondent’s Submission:

The Respondent did not attend at the hearing.

Findings:

Based on the uncontested evidence presented at the hearing I find that the complaints are well founded.

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 under section 19,21 and 11 of the Organisation of Working Time Act 1997.

I note the Labour Court Recommendation DWT0940 states;

“under the principles laid down by the ECJ in the case of “Van Colson Kamann v Land Nordrhein- Westfalen [1984] ECR 1891” where an individual right is infringed, the judiciary address provided should not only compensate for the Claimant’s economic loss but must provide a real deterrent for future infractions.

I order the Respondent to pay to the Claimant compensation for breaches of the Organisation of Working Time Act 1997

• €639.44 for breaches of section 19.1

• -€200 for breaches of section 21.1

• €500 for breaches of section 11 and

• €600 in compensation as a deterrent for future infractions

The Respondent paid the Complainant the sum of €500 on the first of March 2016. The outstanding balance of €1439.44 must be paid to the Complainant within 6 weeks of this decision.

Complaint taken under the Industrial Relations Acts Ref no: CA-00002248-007

Complainant’s Submission:

The Complainant stated that he had to leave his job due to the conduct of the Respondent when he refused to pay him his annual leave or public holiday entitlements and did not allow him to take his rest periods in line with the legislation.

Respondent’s Submission:

The Respondent did not attend at the hearing.

Findings:

Based on the uncontested evidence presented at the hearing I find that the complaint is well-founded.

Decision:

Section 41.4 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the redress provisions under schedule 6 of that act and under section 13 of the Industrial Relations Acts.

Recommendation:

Based on the uncontested evidence presented at the hearing I recommend that the complaint is well-founded. I recommend that the Respondent pay to the Complainant compensation to the sum of €800 for being constructively dismissed contrary to section 13 of the Industrial Relations Acts. This sum should be paid within 6 weeks of the date of this recommendation.

Dated:   19^th July 2016