ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002236
Complaints 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-00003037-001 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003037-002 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003037-003 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003037-004 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003037-005 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00003037-006 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003037-007 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003037-008 | 04/03/2016 |
Venue: WRC, Tom Johnson House, Haddington Rd, Dublin 4.
Date of Adjudication Hearing: 27/07/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015, section 24 of the National Minimum Wage Act, 2000, under section 27 of the Organisation of Working Time Act, 1997, section 6 of the Payment of Wages Act, 1991 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.
Background
The Complainant was employed as a Waitress from 8/5/2015 to 4/11/2015. She was paid €350.00 per week. She has claimed that she was paid less than the national minimum wage, did not get holiday and Public Holiday entitlements and did not get proper breaks, back week’s pay and minimum notice.
Complainant’s Submission:
1) CA-00003037-001 National Minimum Wage Act, 2000
2) CA-00003037-002/3/7/8 Organisation of Working Time Act, 1997
3) CA-00003037-004 / 5 Payment of Wages Act, 1991
4) CA-00003037-006 Terms of Employment (Information) Act, 1994
The Complainant did not attend and did not prosecute her claims.
Respondent’s Submission:
The Respondent did not attend and was not represented at the hearing.
Issues for Decision:
I find that the Complainant did not attend the hearing. Therefore no complaints were prosecuted.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act and section 24 of the National Minimum Wage Act, 2000, under section 27 of the Organisation of Working Time Act, 1997, section 6 of the Payment of Wages Act, 1991 and under section 7 of the Terms of Employment (Information) Act, 1994.
1) CA-00003037-001 National Minimum Wage Act, 2000
2) CA-00003037-002/3/7/8 Organisation of Working Time Act, 1997
3) CA-00003037-004 / 5 Payment of Wages Act, 1991
4) CA-00003037-006 Terms of Employment (Information) Act, 1994
I have decided that as no complaints were prosecuted they fail for want of prosecution.
Dated: 27/10/2016