ADJUDICATION OFFICER DECISION 

Adjudication Decision Reference: ADJ-00003859

Complaints for Resolution:          

 Date of Adjudication Hearing: 29/09/2016

Workplace Relations Commission Adjudication Officer: John Walsh

 Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 27 of the Organisation of Working time Act 1997 and under 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. 

Attendance at Hearing: 

 Background:

The Complainant is employed as a shop assistant with the Respondent since the 9^th of March 2013. She alleges that she did not receive rest breaks while at work contrary to Section 12 of the 1997 Act, that she did not receive her public holiday entitlements contrary to Section 21 of the 1997 Act and that she did not receive a Sunday premium payment when she was required to work a number of Sundays, contrary to Section 14 of the 1997 Act. She filed a complaint with the Workplace Relations Commission on the 5^th of July 2016.

Complainant’s Submission: 

The complainant has filed three separate complaints under Section 27 of the Organisation of Working Time Act 1997. She filed a complaint with the Workplace Relations Commission on the 5^th of July 2016. Therefore the reference period covering her complaint runs from the 5^th of January 2016 to the 31^st of May 2016.

1. Complaint Ref. No: CA-00005671-001 Section 27 Organisation of Working Time Act, 1997.

CA-00005671-002

CA-00005671-003

Re: CA-00005671-001- Under Section 12 of the 1997 Act.

The following is a summary of the Complainant’s submission;

That she worked an average of 27 hours per week. That she was not in a position to take her 15 minute rest break after 4 and half hours work during a number of days each week.

Re: Complaint Ref. No: CA-00005671-002 Under Section 21 of the 1997 Act.

The following is a summary of the Complainant’s submission;

That the respondent failed to pay her for four public holidays over the Reference period of the Complaint.

Re: Complaint Ref. No: CA-00005671-003 Under Section 14 of the 1997 Act.

The following is a summary of the Complainant’s submission;

That she was required to work for 7 Sundays over the Reference period of the Complaint and she did not receive a Sunday premium for doing so.

Respondent’s Submission:

The Respondent accepts that the Complainant was not in a position to take rest breaks as she described, that she did not receive her public holidays and that she did not receive Sunday premium payments for working on Sundays.

Findings:

Based on the evidence presented at the hearing and on the fact that the Respondent fully accepts the Complainant’s submissions, I find that the Complaints are well-founded.

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 and under Section 27 of the Organisation of Working Time Act 1997.

Based on the evidence presented at the hearing, I find that the complaints are well founded. I order the Respondent to pay to the Complainant the following compensation;

For breaches of Section 12 of the 1997 Act: €300 compensation

For breaches of Section 21 of the 1997 Act: A balance of €98.61 compensation

For breaches of Section 14 of the 1997 Act: A balance of €18.16 compensation

I order the Respondent to pay to the Complainant compensation in the sum of €416.77 within 6 weeks of the date of this decision.

The Complainant has filed a complaint under Section 7 of the Terms of Employment (Information) Act 1994. She filed the complaint with the Workplace Relations Commission on the 5^th of July 2016. Therefore the reference period covering her complaint runs from the 5^th of January 2016 to the 31^st of May 2016. 

Complainant’s Submission:

2. Complaint Ref. No: CA-00005671-004 Terms of Employment (Information) Act, 1994.

The following is a summary of the Complainant’s Submission. That she did not receive a written statement outlining her terms and conditions within two months of her commencement. She did receive a written statement on the 31^st of May 2016 which she returned because it was in English. She was suspended without pay with immediate effect for refusing to sign the terms and conditions. There were further mistakes within the contract and she requested the Respondent to correct them. She received a revised contract on the 7^th of June 2016 which was also incorrect. She was still on suspension and without pay during this period of time. She wrote to the Respondent on the 14^th of June 2016, checking to see if her contract was revised and when could she return to work. She received no response.

Respondent’s Submission:

The following is a summary of the Respondent’s submission;

That he accepts the Complainant’s version of events. She did not receive a contract until the 31^st of May 2016. He also accepts that the Complainant was suspended for attempting to get the contract revised and corrected.

Findings:

Based on the evidence presented by both parties at the hearing, I find that the Complaint is well-founded.

Decision:  

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 €800 for breaches of section 3(1) of the Terms of Employment (Information) Act 1994. This sum must be paid within 6 weeks of the date of this decision.

Dated:   7^TH November 2016