ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001432

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 22/06/2016

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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). 

Complainant’s Submission and Presentation:

The claimant commenced work as a Shop Assistant with the respondent on a trial basis on the 5^th.December2015.She was told that evening that she had passed the trial test and reported for work on Sunday the 6^th.December.Over the Christmas period she estimated she worked a total of 120.5 hours and on the 15^th.Jan. 2016 she was informed that this would be her last day at work.In the event she worked on Saturday the 16^th.January and her employment was terminate that evening. She did not receive any pay while in the employment and her representative contended that payment was only received after the complaint was made to the WRC. The claimant contended that she was unfairly treated given that she was not furnished with a contract and had no idea or certainty about the projected duration of her employment. She further submitted that it was unfair to give her no notice of termination of her employment.

Respondent’s Submission and Presentation:

The respondent did not attend and was not represented at the hearing.

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.

Recommendation  

Having reviewed the uncontested evidence presented at the hearing, I find that while the claimant was not long enough in the employment to enjoy the benefits of protective legislation , her treatment fell short of best practise and her assertion that the duration of her employment should have been specified and that she should have been given some element of notice , was reasonable , in the circumstances. I recommend in full and final settlement of this dispute that the respondent pay the claimant €300 compensation within 4 weeks of the date of this recommendation.

Dated:   16 September 2016