ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001749

Complaints for Resolution:

Date of Adjudication Hearing: 17/11/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Venue: Ardboyne Hotel, Navan, Co. Meath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 6 of the Payment of Wages Act, 1991, Section 27 of the Organisation of Working Time Act, 1997 and Section 7 of the 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.

Background

The Complainant was employed as a dentist with the Respondent from the 13^th of January 2015 to the 28^th of August 2015. She alleges that the Respondent failed to pay her wages due, Annual Leave entitlements, Public Holiday Entitlements and failed to provide her with a copy of her written Terms of Employment. She alleges that the Respondent is in breach of Section 5(1) of the Payment of Wages Act, 1991, Section 19 and 21 of the Organisation of Working Time Act, 1997 and Section 3 of the Terms of Employment (Information) Act, 1994.

Complainant’s Submission Complaint 1: Failure to pay Annual Leave Entitlements – Ref. No. CA-00002379-002

That the Respondent failed to pay her Annual Leave Entitlements from the 13^/1/2015 to the 28/8/15, contrary to Section 19(1) of the Organisation of Working Time Act, 1997.

That she is due payment for 13.3 days for this period in the sum of €3,250.

Respondent’s Submission in relation to complaint 1:

That she accepts that the Complainant did not receive her Annual Leave Entitlements and accepts that a payment of €3,250 is owed to the Complainant.

Decision in relation to complaint 1:

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

Based on the 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 €3,250 for breaches of Section 19(1) of the Organisation of Working Time Act, 1997.

Complaint No. 2- Failure to pay Public Holiday Entitlements. Ref No: CA-00002379-003

Complainant’s Submission Complaint 2: Failure to pay Public Holiday Entitlements

That the Respondent failed to pay her Public Holiday entitlements contrary to Section 21 of the Organisation of Working Time Act, 1997.

That she is owed 8 days in the sum of €1,250.

Respondent’s Submission in relation to Complaint 2:

That she accepts that the Complainant did not receive her Public Holiday Entitlements and accepts that a payment of €1,250 is owed to the Complainant.

Decision in relation to complaint 2:

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

Based on the 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 €1,250 for breaches of Section 21 of the Organisation of Working Time Act, 1997.

Complaint 3: Failure to provide a copy of a written statement outlining her terms and conditions of employment. Ref.No: CA-00002379-004

Complainant’s Submission in relation to Complaint 3:

That the Respondent issued her with a written statement outlining her Terms and Conditions of Employment which she was required to sign. The Complainant signed the document and returned it to the Respondent. However, the Respondent failed to give her a copy of the signed document. On the 6^th of October 2015, she requested the Respondent to provide her with a copy of the written statement as she wished to check details on how certain wages were to be paid. The Respondent still did not provide her with a copy of the written statement.

Respondent’s Submission in relation to Complaint 3:

That the Complainant was provided with a written statement outlining her Terms and Conditions of Employment on her commencement. That she signed the written statement. That she was then provided with a copy of the signed document. That fact that she was unable to find it in her work area was not the Respondent’s fault.

Recommendation in relation to Complaint No. 3

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 find that the complainant was provided with a written statement outlining her Terms and Conditions of Employment. I also accept that the Respondent did leave a signed copy of the written statement in the Complainant’s workplace. However, the Respondent should have ensured that the statement was formally received by the Complainant.

Based on the evidence presented at the hearing, I find that the complaint is well-founded, in part. I recommend that the Respondent pay to the complainant compensation in the sum of €300 for breaches of Section 3(1) of the Terms of Employment (Information) Act, 1994. This sum should be paid within 6 weeks of the date of this recommendation.

Complaint No. 4: Failure to pay Wages Due: Ref. No: CA-00002379-001

Complainant’s Submission in relation to Complaint 4:

That she is due outstanding wages in the sum of €1,716.89. The Respondent failed to pay these wages contrary to Section 5(1) of the Payment of Wages Act, 1991.

The Respondent’s Submission in relation to Complaint 4:

That she accepts that the Complainant did not receive outstanding wages due to her in the sum of €1716.89 and accepts that this payment is owed to the Complainant.

Decision in relation to Complaint 4:

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

Based on the 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 €1716.89 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

Adjudicator

Dated:  25^th November 2016