ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000174

Complaints for Resolution:

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

Date of Adjudication Hearing: 12/04/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, Section 7 of the Terms of Employment (Information) Act, 1994 – 2015 and the Organisation of Working Time Act, 1997 – 2015 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.

BACKGROUND: 

The Complainant was employed by the Respondent from 30^th October 2014 until the employment terminated on 5^th September 2015. The Complainant was paid €10.00 an hour which was reduced to €9.00 an hour effective from April 2015.

The Complainant referred a complaint to the Workplace Relations Commission on 15^th October 2015 under the Terms of Employment (Information) Act 1994 – 2015 alleging the Respondent had breached Section 3 of the Act. The Complainant also referred a complaint to the Workplace Relations Commission under the Organisation of Working Time Act, 1997 – 2015 alleging the Respondent had breached Sections 19, 20, 21 and 22 of the Act.

Terms of Employment (Information) Act, 1994 – 2015

Summary of Complainant’s Position.

The Complainant stated that she had not been provided with a written statement of her Terms and Conditions of Employment for the duration of her employment.

FINDINGS

Section 3 (1) of the Act provides that an employer shall provide an employee with a written statement of her terms and conditions of employment within the period of 2 months of the commencement of the employment.

Organisation of Working Time Act, 1997 – 2015

Summary of Complainant’s Position.

The Complainant stated that she had not been provided with her Annual Leave and Public Holiday Entitlements nor had she been paid her annual leave or public holidays due on termination of her employment.

FINDINGS

This complaint was submitted to the WRC on 15^th October 2015. Therefore in accordance with Section 27 (4) of the Act the period covered by this complaint is from 16^th April 2015 to 5^th September 2015 when the employment terminated in relation to Public Holidays..

The Complainant provided a daily breakdown of all hours worked from the commencement of the employment. . This shows that the Complainant worked a total of 728 hours x 8% = 58.24 hours annual leave due.

The Complainant provided evidence to the Hearing that the Respondent had paid €275.00 on 30^th October 2015 and the balance owed of €394.77 to cover Annual Leave and Public Holidays due was paid on 25^th November 2015.

I find that the complaints in relation to payment for annual leave and public Holidays due have now been paid by the Respondent.

Decision:

Section 41(4) of the Workplace Relations Act 2015, Section 7 of the Terms of Employment (Information) Act, 1994 – 2015 and Section 27 of the Organisation of Working Time Act, 1997 – 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,

Terms of Employment Information Act, 1994 – 2015. I declare the complaint is well founded. I order the Respondent to pay the Complainant compensation of €400.00 (Four hundred euro) within 42 days of the date of this Decision for breach of Section 3 of the Act.

Organisation of Working Time Act, 1997 – 2015: I declare this complaint is not well founded as the Respondent has paid the Complainant her Annual Leave and Public Holiday entitlements in accordance with Section 23 of the Act on the termination of her employment.

Rosaleen Glackin

Adjudication Officer

Date      14 June 2016