ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001000

Complaints for Resolution:

Date of Adjudication Hearing: 31/03/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

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

Complainant’s Submission and Presentation:

 The Complainant commenced work as a Breakfast Chef at the respondent Restaurant from June 1, 2015 to 27 August, 2015. He was paid 10 euro per hour and worked 6 hours per week. On 11 December, 2015, the complainant lodged a complaint with the WRC that he had not received his annual leave entitlement, nor had he received a statement in writing on his Terms of Employment. At the hearing, the complainant confirmed that he worked three days a week at two hours per day. The complainant contended that he was entitled to €62-40 in annual leave. He had not received a contract of employment. The complainant understood that the Respondent business was now in Liquidation.

At the conclusion of the hearing ,the Complainant’s representative requested sometime to submit the trading name of the respondent Business. I allowed this and followed it up on 19 April 2016. The Respondent name is unchanged from the date of hearing.

Respondent’s Submission and Presentation:

Did not attend.

Decision:

Section 41(4) of the Workplace Relations Act 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. I allowed a reasonable waiting period prior to the commencement of the hearing to allow for the appearance of the Respondent. I proceeded with the hearing in the absence of the Respondent, as there was no explanation available to me for the non attendance.

Section 19 of the Organisation of Working Time Act, 1997 provides that “An employee shall be entitled to paid annual leave equal to 8% of the hours he works in a leave year.” Based on the undisputed evidence of the complainant, I find his complaint to be well founded and I award €62-40 in unpaid annual leave and €200 in compensation for the failure to provide the complainant with his statutory leave entitlement.

Section 3 of the Terms of Employment( Information) Act,1994 provides that an” Employer shall, not later than two months after the commencement of an employees employment with the employer, give or cause to be given to the employee a statement in writing containing particulars of the employee’s employment” Based on the undisputed evidence of the complainant , I find the complaint to be well founded and I award €120 euro in compensation under 7(2)(d) of the Act .This is the value of two weeks pay .

I award the total amount of €382.40 to be paid to the complainant by the respondent for the combined breaches of both Acts.

Dated:   30^th June 2016