ADJUDICATION OFFICER DECISION

A Cabinet Maker - V – An Employer

Adjudication Decision Reference: ADJ-00001280

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

Date of Adjudication Hearing: 14/03/2016

Workplace Relations Commission Adjudication Officer: Gerry Rooney

2. Procedure:

1. This claim, made by a Cabinet Maker (the claimant), refers to the alleged non-payment of holiday pay and to the alleged failure of an employer (the respondent) to provide the complainant with a written notice of his terms and conditions of employment.

    

2. In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, and under Section 27 of the Organisation of Working Time Act, 1997, and Section 7 of the Terms of Employment (Information) Act, 1994, 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.

4. Complainant’s Submission and Presentation:
5. The claimant worked with the respondent from Oct 1st 2015 until Nov 24th 2015. Upon leaving his employment the claimant had to seek payment for his last weeks’ wages however the claimant contended that the respondent omitted to pay him for work that he did on 21^st and 23^rd November. The claimant also contended that he was not paid for his holiday pay amounting to 2½ day’s pay.

4. The claimant also maintained that he did not receive a written statement of his terms and conditions of employment.

5. Respondent’s Submission and Presentation:

1. At the hearing the respondent acknowledged that the outstanding payments were due and agreed to pay the claimant the 2 day’s pay, and for his 2 ½ days leave.

    

    

    

1. Decision:

   1. On the basis the respondent agreed to make good the payments to the claimant, the claimant agreed to notify the WRC that he would withdraw his claim once he received his payment.

       

   2. As the claimant did not advise the WRC that he has received payment or that he has withdrawn his complaint, Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. In this regard, and under Section 27 of the Organisation of Working Time Act, 1997, I find that the respondent failed to pay the claimant for 2 ½ days leave and as such uphold the complaint and award the claimant 2 ½ day’s pay to be calculated at his gross weekly pay of €600 per week.

       

   3. With regard to the payment of wages for the further 2 days worked on 21^st and 23^rd of November 2015, as the claimant did not make a complaint under the Payment of Wages Act it is outside the jurisdiction of the hearing to make findings on this matter. However it is noted that at the hearing the respondent agreed to pay the claimant for these two days and it is therefore anticipated this will be honoured.

       

   4. With regard to the non-provision of written terms and conditions of employment to the claimant, Section 3 of the Terms of Employment (Information) Act, 1994 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 to the employee a statement in writing…” As the claimant had not been working for two months I do not find that the respondent is in breach of the Act and therefore this element of the complaint must fail.

Dated:   24/5/2016