ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001868
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00002575-002 | 12/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00002575-003 | 12/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002575-004 | 12/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00002575-005 | 12/02/2016 |
Date of Adjudication Hearing: 17/08/2016
Workplace Relations Commission Adjudication Officer: Roger McGrath
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).
Background
The Complainant was employed as a draughtsman in a construction company from 27th August 2015 to 11th January 2016. He worked 40 hours per week and was paid €500 per week, €12.50 per hour. His complaint was received by the WRC on 12th February 2016.
The Respondent did not attend the hearing.
1) CA- 00002575-002 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1977.
Complainant’s Submission and Presentation:
Pay for Annual Leave
The Complainant stated that he had not received payment for the 23rd, 24th, 29th, 30th, 31st of December 2015.
Respondent’s Submission and Presentation:
The Respondent had not made a submission nor were they in attendance at the hearing.
Findings
On the uncontested evidence of the Complainant I find that the Respondent has breached Section 20 (2) of this Act and compensation of €500 is warranted.
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 as per Section 27 (3) (a) I have decided that the complaint was well founded.
As per Section 27 (3) (c) I require the Respondent to pay the Complainant €500 for the economic loss due to the breach of his rights under the Organisation of Working Time Act, 1977.
This is to be paid within six weeks of the date below.
2) CA- 00002575-003 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1977.
Complainant’s Submission and Presentation:
Entitlement in respect of public holidays
The Complainant stated that he did not receive payment for the public holidays of Christmas Day, St. Stephen's Day, and New Year's Day.
Respondent’s Submission and Presentation:
The Respondent had not made a submission nor were they in attendance at the hearing.
Findings
On the uncontested evidence of the Complainant I find that the Respondent has breached Section 21 (1) of this Act and compensation of €300 is warranted.
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 as per Section 27 (3) (a) I have decided that the complaint was well founded.
As per Section 27 (3) (c) I require the Respondent to pay the Complainant €300 for the economic loss due to the breach of his rights under the Organisation of Working Time Act, 1977.
This is to be paid within six weeks of the date below.
3) CA- 00002575-004 Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991.
Complainant’s Submission and Presentation:
Regulation of certain deductions made and payments received by employers
The Complainant stated that he had not been paid for working on 4th, 5th, 8th and 11th January 2016.
Respondent’s Submission and Presentation:
The Respondent had not made a submission nor were they in attendance at the hearing.
Findings
On the uncontested evidence of the Complainant I find that the Respondent has breached Section 5 (6) (b) of this Act and compensation of €400 is warranted.
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 as per Section 6 (1) of the Payment of Wages Act 1991 I have decided that the complaint was well founded.
As per Section 6 (1) (a) I require the Respondent to pay the Complainant €400 for the economic loss due to the breach of his rights under the Payment of Wages Act, 1991.
This is to be paid within six weeks of the date below.
4) CA- 00002575-00 Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994.
Complainant’s Submission and Presentation:
Written statement of terms of employment
The Complainant stated that he did not receive a written contract or anything in writing in order to comply with Section 3 (1) of the Terms of Employment (Information) Act, 1994.
Respondent’s Submission and Presentation:
The Respondent had not made a submission nor were they in attendance at the hearing.
Findings
On the uncontested evidence of the Complainant I find that the Respondent has breached Section 3 (1) of this Act.
I note that Hedigan J. in the High Court case Arturs Valpeters v Melbury Developments Ltd 2009 MCA stated, "An award of compensation can be made pursuant to Section 3 and 7(2) of the Terms of Employment (Information) Act 1994 in the absence of any loss accruing to an employee from the failure of an employer to provide a contract of employment to an employee."
Legislation involved and requirements of legislation
I note that Section 7 (2) (d) of the Act states, "compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 4 weeks' remuneration".
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 as per Section 7 of the Terms of Employment (information) Act, 1994.
I have decided that the complaint is well founded and that the Respondent should pay the Complainant compensation of €1,000.
This is to be paid within six weeks of the date below.
Dated: 25 October 2016