ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000562

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

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00000800-001	12/11/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00000800-002	12/11/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00000800-003	12/11/2015
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00000800-004	12/11/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00000800-005	12/11/2015

Date of Adjudication Hearing: 29/02/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and in accordance with the provisions of the enactments listed above, 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:

My Employer paid me by cheque and the cheque bounced.

My employer left me go from my employment and did not pay me cessar pay for my annual leave entitlements which had accrued and had not taken at the time of my dismissal.

My employer did not give me my statutory minimum period of notice on the termination of my employment or payment in lieu thereof

On Friday the 2nd October 2015 I received a call from the office assistant who advised that my employer was experiencing difficulties and that my last cheque may not clear with the bank, i was also advised that there was no more work available for me. The circumstances of my dismissal render my dismissal unfair.

My employer failed to furnish me with a form P45 upon the termination of my employment, there is a requirement under the provisions of the Revenue guidelines to provide an employee with a certificate P45 in order to properly maintain employment records.

The complainant worked for the claimant as a general operative/janitor in the period 21^st of April 2014 until the 2^nd of October 2015.

001 - The complainant submits that he worked 10 hours per week for the respondent for which he was paid €98.50. There were two occasions during the cognisable period of complaint where his weekly cheque bounced and for which he did not receive the wages properly payable to him in the amount of €197.

002 -The complainant submits that he was not paid his outstanding statutory leave entitlement on cessation in breach of s. 23 of the Act.

003 – The complainant submits that he was summarily dismissed without payment of statutory notice.

004 - The complainant submits that he was summarily dismissed without payment of statutory notice or fair procedure.

005 – The complaint was withdrawn at hearing.

Issues for Decision:

As noted above

Decision:

001 - Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and hereby require that the respondent pay the claimant €197 (say one hundred and ninety seven euro) net in compensation.

002 - Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and hereby require that the respondent pay the claimant €500 (say five hundred euro inclusive of amount not paid) in compensation for breach of s. 23 of the Act.

003 - Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and hereby require that the respondent pay the claimant €100 (say one hundred euro) net in compensation.

004 - Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and that this was an unfair dismissal within the meaning of the Act. Noting that no loss has arisen I hereby require that the respondent pay the claimant €400 (say four hundred euro) net in compensation.

Dated: 22^nd June 2016