ADJUDICATION OFFICER DECISIONS

Adjudication Decision Reference: ADJ-00000832

Complaints and Dispute for Resolution:

At:                          Workplace Relations Commission, Haddington Road, Dublin 4

Date of Adjudication Hearing: 14/03/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, Section 24 of the National Minimum Wage Act, 2000, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 13 of the Industrial Relations Act, 1969 and following the referral of the complaints/dispute to me by the Director General, I inquired into the complaints and the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and the dispute.

Background.

The Complainant was employed from 13^th August 2015 until the employment terminated on 9^th October 2015. The Complainant was paid €7.50 an hour and he worked for 20 hours each week.

The Complainant referred a complaint to the Workplace Relations Commission on 11^th November 2015 under the National Minimum Wage Act, 2000 alleging the Respondent did not pay him the National Minimum Wage of €8.65 an hour.

The Complainant referred a complaint on 11^th November 2015 under the Terms of Employment (Information) Act, 1994 that he was not provided with a written statement of his Terms and Conditions of Employment

The Complainant referred a dispute to the Workplace Relations Commission on 11^th November 2015 alleging he had been unfairly dismissed by his Employer

Summary of Complainant’s Positon – CA-00000967-001

The Complainant stated that he had been paid €7.50 an hour and that he had worked 20 hours each week. He is claiming payment of the National Minimum Wage for the 8 weeks of the employment. The Complainant stated that he had requested a statement from his Employer but that this had not been forwarded to him when his employment was terminated.

Findings.

The Complainant stated that he had requested a statement from his Employer in relation to his hourly rate of pay in the 8 weeks he had been employed as is required by Section 23 of the Act. There was no response from the Employer. The Complainant stated he was not provided with a payslip by the Respondent.

Summary of Complainant’s Position – CA-00000967-002

The Complainant stated that he had not been provided with a written Statement of his Terms and Conditions of Employment in contravention of Section 3 of the Terms of Employment (Information) Act, 1994.

Findings.

Section 3(1) of the Terms of Employment (Information) Act, requires that “an employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given the employee a statement in writing……..”. This statement to contain particulars as set out at Paragraph 3. On the uncontested evidence from the Complainant who stated that he had not been provided with a written statement I find in favour of the Complainant.

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Summary of Complainant’s Position- CA-00000967-003 The Complainant stated that while employed he had not been subject to any verbal or written warning from the Respondent. The Complainant stated that he commenced work at 10am on 9^th October 2015. At 2pm he approached his Employer and requested a break of 10 minutes to eat something. His Employer laughed at him and asked why he should be the only employee to take a break. He again requested a 10 minute break and the Respondent summarily dismissed him with immediate effect. The Complainant also stated that he had not been provided with a P45 from the Respondent.

Findings

S.I. 146/2000, Industrial Relations Act, 1990 sets out the requirements on an Employer in circumstances where an employee is being dismissed. These procedures as set down are to ensure that fair procedures and natural justice are applied to any dismissal of an employee. 

It is clear from the evidence of the Complainant that the Respondent did not inform the Complainant in writing of any alleged contravention by the Complainant within the employment. There was no investigation carried out by the Respondent and the Complainant was dismissed without any Disciplinary Meeting being held and without affording the Complainant an opportunity to state his case or to appeal his dismissal..

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints and the dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00000967-001 – National Minimum Wage Act 2000

In accordance with Section 24 of the Act I declare the complaint is well founded. The Complainant has not been paid the National Minimum Rate of €8.65 an hour during the 8 weeks of his employment with the Respondent. I order the Respondent to pay the Complainant €200.00 ( 8 weeks x 20 hours a week x the difference of €1.25 an hour.). This sum to be paid to the Complainant within 42 days of the date of this Decision.

CA-00000967-002 – Terms of Employment (Information) Act, 1994

In accordance with Section 7 of the Act and on the uncontested evidence of the Complainant I declare the complaint is well founded. The Respondent has breached Section 3 of the Act in that the Respondent did not provide the Complainant with a written statement of his terms and conditions of employment within the specified period of 2 months. I order the Respondent to pay the Complainant compensation of €200.00 within 42 days of the date of this Decision

CA-00000967-003 – Industrial Relations Act, 1969

On the uncontested evidence of the Complainant it is clear the Complainant was dismissed without the application of fair procedures and natural justice. I recommend the Respondent pay the Complainant compensation of €200.00 within six weeks of the date of this Decision.

Rosaleen Glackin

Adjudication Officer

Dated:     26^th May 2016