ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003320
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00004272-001 | 06/05/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00004272-002 | 06/05/2016 |
Date of Adjudication Hearing: 27/07/2016
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 | A Catering company Not Present |
Background
Ca-4727-01
The claimant worked for the respondent from the 5th January to the 22nd January 2016 as a chef. He was paid €8 per hour and he worked a total of 66 hours. The claimant submitted that he should have been paid at the rate €9.15 per hour and he should have received the amount of €528, he received a cheque for the amount of €328. The claimant stated that he was owed €45.54
Findings
The respondent did not attend.
Decision
Based on the uncontested evidence I find the claim to be well founded and I award the claimant €45.54 in arrears of wages .
Organisation of Working Time Act 1997
Background ca -4727-02
The claimant worked for the respondent from the 5th January to the 22nd January 2016 as a chef. He was paid €8 per hour and he worked a total of 66 hours and he was not paid his holiday pay .
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 award the claimant €48 .31 in respect of holiday pay and €150 in compensation for breach of the act.
Dated: 7 November 2016