ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00000382

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

Date of Adjudication Hearing: 23/02/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 13 the Industrial Relations Acts and Section 6 of the Payment of Wages Act 1991 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:

The complainant stated that he was employed as a driver with the respondent Company from 17 September 2015 to 30 September 2015. He was paid at the rate of €695 for working a 48 hour week. He filed two complaints with the WRC on 30 October 2015.

COMPLAINTS 1 AND 3 – INDUSTRIAL RELATIONS ACTS, 1969-1990

Reference Nos.:                               CA – 00000548 – 001

                                                CA – 00000548 – 003

The complainant stated that he was dismissed from his employment after working for 2 weeks without due process or fair procedures contrary to the terms of the Industrial Relations Acts, 1969-1990.

He stated that he was sent by an employment agency to work for the respondent on 11 September 2015. The respondent requested him to work for his Company as a driver on a full time basis. He agreed to do so and the respondent requested him not to advise the employment agency that he was working for him. The respondent provided him with a written statement outlining his terms and conditions of employment on 25 September 2015. On 30 September 2015 the respondent advised him that he had to terminate his employment as the employment agency had made enquiries regarding his whereabouts. The respondent told him to go back to the Agency. The action of the respondent was unfair and the termination of his employment was carried out without due process or fair procedures.

COMPLAINT 2 – PAYMENT OF WAGES ACT, 1991

The complainant stated that the respondent failed to pay him wages due on the termination of his employment under Section 5 (1) of the Payment of Wages Act, 1991. He stated that he was paid at the rate of €695 per week. He worked for 2 weeks and should have received wages in the sum of €1396. He received €500 in wages over this 2 week period from the employment Agency. He is owed wages in the sum of €890 from the respondent.

RESPONDENT’S SUBMISSION

The respondent did not attend the Hearing.

FINDINGS

COMPLAINTS TAKEN UNDER THE INDUSTRIAL RELATIONS ACTS 1969-1990

I find that the complainant was not afforded due process and fair procedures in the manner in which he was dismissed by the respondent on 30 September 2015.

COMPLAINT TAKEN UNDER THE PAYMENT OF WAGES ACT, 1991

I find that the complainant is owed outstanding wages in the sum of €890 from the respondent Company.

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 of that Act.

COMPLAINTS 1 AND 3 – INDUSTRIAL RELATIONS ACTS 1969-1990

Based on the uncontested evidence presented at the Hearing I find that those complaints are well founded. I recommend that the respondent pay to the complainant compensation in the sum of €1,000 for being unfairly dismissed from his employment without due process or fair procedures contrary to the terms of the Industrial Relations Acts, 1969-1990. This sum should be paid within 6 weeks of this Recommendation.

COMPLAINT 2 – PAYMENT OF WAGES ACT, 1991.

Based on the uncontested evidence presented at the Hearing I find that the complaint is well founded. I order the respondent to pay to the complainant compensation in the sum of €890 for breaches of Section 5 (1) of the Payment of Wages Act, 1991. This sum must be paid within 6 weeks of the date of this Decision.

JOHN WALSH

ADJUDICATION OFFICER/RIGHTS COMMISSIONER

DATE 25^th May 2016