ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001395
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00001929-001 | 14/01/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00001929-002 | 14/01/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00001929-003 | 14/01/2016 |
Date of Adjudication Hearing: 18/10/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 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).
CA 1929-003
Terms of Employment (Information) Act 1994
Background
The claimant worked for the respondent from the 16th May to the 15th August 2015. He was paid €400 gross per week. The claimant stated that he was not provided with a contract of employment in accordance with section 3 of the Act.
Findings
The respondent did not attend.
The complaint was received on the 14th January 2016.
In accordance with the Terms of Employment (Information) Act 1994 a contract of employment must be provided to an employee within 2 months of commencing employment. In my decision, I have to take into account the spirit of the Legislation.
Decision
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.
Based on the uncontested evidence I award the claimant €800 in compensation.
CA 1929-002
Payment of Wages Act 1991
Background
The claimant worked for the respondent from the 16th May to the 15th August 2015. He was paid €400 gross per week. The claimant stated that he was dismissed without due notice.
Findings
The respondent did not attend.
The complaint was received on the 14th January 2016.
Decision
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.
Based on the uncontested evidence and in accordance with the legal requirements I award the claimant 2 weeks pay of €800 gross.
CA 1929 -001
Organisation of Working Time Act 1997
Background
The claimant worked for the respondent from the 16th May to the 15th August 2015. He was paid €400 gross per week. The claimant worked a total of 560 hours over the 14 week period. He states that when he was dismissed he was not paid any holiday pay.
Findings
The respondent did not attend.
The complaint was received on the 14th January 2016.
In accordance with section 17 of the Organisation of Working Time act 1997 the claimant is entitled to 8% holiday pay for hours worked.
Decision
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.
Based on the uncontested evidence I find the complaint to be well founded and I award the claimant 44.80 hours holiday pay @ €10 per hour giving a total of €448.0 gross. I am also awarding the claimant €450 as compensation for breach of the Act.
Jim O’Connell
Adjudicating Officer
Dated: 18th November 2016