ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001794
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002511-002 | 09/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00002511-003 | 09/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00002511-004 | 09/02/2016 |
Date of Adjudication Hearing: 23/08/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).
Attendance at Hearing:
By | Complainant | Respondent |
Parties | An employee | An engineering company Not Present |
Terms of Employment (Information) Act 1994
CA2511--003
Background
The claimant commenced employment with the respondent on the 19th October 2015. He worked 40 hours per week and he was paid €400 gross.
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.
Section 3 of the Terms of Employment (Information) Act 1994 provides that a contract of employment must be given to an employee within 2 months of commencing employment.
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 €1600 in compensation.
Payment of Wages Act 1991
CA 2511------- 002
BACKGROUND
The claimant commenced employment with the respondent on the 19th October 2015. He worked 40 hours per week and he was paid €400 gross.
It was submitted on the claimant’s behalf that he was due the following:
A worked a week in hand €400
B Holiday pay for 600 hours worked @ 8% = 480 @ €10 per hour =€480
Findings;
The respondent did not attend.
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 €860 gross to be paid within 6 weeks from the date of this decision.
Industrial Relations Act 1969-1990
CA2511----004
Background
The claimant commenced employment with the respondent on the 19th October 2015. He worked 40 hours per week and he was paid €400 gross per week. The claimant stated that he was assaulted by another employee on the 2nd February 2016 while working for the respondent. He informed the respondent of the incident and but he (respondent) failed to take action. The claimant was out of work and he submitted medical certificates for his absence. It was submitted that the respondent failed to carry out an investigation and or put procedures in place. It was further added that the respondent made no attempt to facilitate a return to work for the claimant and he was left with no other option but to terminate his employment.
Findings
The Respondent did not attend
Recommendation
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 €3000 in compensation.
Dated 7th November 2016