ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000444
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-00000665-001 | 06/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00002743-001 | 06/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00002913-001 | 06/11/2015 |
Date of Adjudication Hearing: 22/06/2016
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).
ADJ 444
Payment of Wages Act 1991ca 665
Background
The claimant was employed by the respondent from the 2nd October 2012 until the 29th January 2016. He worked 40 hours per week and he was paid €9 per hour. It was submitted that in 2015 the claimant sold a product to a customer that was out of date. The respondent paid the €4000 to the customer and he wanted the claimant to reimburse him the money by getting the claimant to agree to sign a letter stating he owed the respondent the money. The respondent deducted approximately €890 from the claimant's wages.
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 well founded and I award the claimant €890 net.
Jim O’Connell
Adjudicating Officer
Unfair Dismissal Acts 1 ca 2743
Background
The claimant was employed by the respondent from the 2nd October 2012 until the 29th January 2016. He worked 40 hours per week and he was paid €9 per hour. The claimant took on responsibility for the respondent while on annual leave. He initiated and negotiated with suppliers from Poland for discounts and he had established a very good rapport with customers. The union submitted that the claimant was dismissed without proper disciplinary hearing or fair procedures. The Investigation was deficient and the outcome resulted in unsubstantiated findings. The Claimant was not given the opportunity by the respondent to defend the allegations that were made against him. The claimant was summarily dismissed which was unjustified and unfair.
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 that the claimant was unfairly dismissed and I award him €2500 in compensation.
Jim O’Connell
Adjudicating Officer
Minimum Notice ACT 1973
CA 29134
Background
The claimant was employed by the respondent from the 2nd October 2012 until the 29th January 2016. He worked 40 hours per week and he was paid €9 per hour. The claimant was dismissed without notice or fair procedures.
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 2 weeks’ notice €720 gross.
Jim O’Connell
Adjudicating Officer
Dated: 26/10/2016