ADJUDICATION OFFICER’S DECISION

Adjudication Decision Reference: ADJ-00002817

Complaints for Resolution:

Venue: Ardboyne Hotel, Navan, Co. Meath

Date of Adjudication Hearing: 22/06/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under section 7 of the Terms of Employment (Information) Act, 1994 and under section 27 of the Organisation of Working Time Act, 1997 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.

Complaint 1- taken under the Terms of Employment Information Act, 1994- CA-00003883-001

Complainant’s Submission:

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

That she was employed as a waitress with the Respondent from the 17^th of October 2015 to the 21^st of February 2016. That she was not provided with a written statement outlining her terms and conditions of employment contrary to section 3(1) of the Terms of Employment Information Act, 1994. Despite requests to the employer to provide this statement, none was provided. That she does not accept that she was advised by the Respondent that a copy of her contract was available at the desk for her signature. No statement was ever placed at the desk for her inspection or signature.

Respondent’s Submission:

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

The company provides contracts of employment to all of its employees. The contracts are retained in the office for employees’ inspection at any time. The Complainant was fully aware of this arrangement.

Findings:

The onus is on the Respondent to ensure that employees are issued with a written statement outlining their terms and conditions of employment in line with Section 3(1) of the Terms of Employment Information Act, 1994.

From the evidence presented at the hearing, it is clear that the Complainant was not issued with a written statement by the Respondent.

Decision 1 Re: Terms of Employment Information Act, 1994- Ref. No- CA-00003883-001:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the evidence presented at the hearing I find that this complaint is well founded. I order the Respondent to pay to the Complainant compensation in the sum of €500 for breaches of Section 3(1) of the Terms of Employment Information Act, 1994.

This sum should be paid within 6 weeks of the date of this decision.

Complaint 2- taken under Section 27 of the Organisation of Working Time Act, 1997 the Terms of Employment Information Act, 1994 - CA-00003883-002

Complainant’s Submission:

The following is summary of the Complainant’s submission.

That the Respondent failed to pay her entitlements in relation to her annual leave. That she worked approximately 211 hours in 2015 and 93 hours in 2016. That she had an entitlement to 8% of the working hours in relation to annual leave. That she accrued 16.9 hours holiday pay for 2015 and 7.4 hours holiday pay in 2016.

Respondent’s Submission:

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

The Complainant did receive her holiday pay in line with the requirements of the legislation. That payslips provided to the Complainant will clearly show this. The following holiday pay was paid to the Complainant in 2015;

Payslip dated 13/12/15 shows €103.80 paid in holiday pay.

Payslip dated 20/12/15 shows €38.93 paid in holiday pay.

Payslip dated 27/12/15 shows €194.63 paid in holiday pay.

Total Paid in 2015 €337.36

The following holiday pay was paid to the Complainant in 2016:

Payslip dated 15/01/16 shows €45.75 paid in holiday pay.

Total Paid for 2015 and 2016 - €383.11

Findings:

That the Respondent submitted payslips at the hearing for the adjudicator’s inspection.

The Complainant worked a total of 304 hours. Therefore, she has an entitlement to 24.32 hours in holiday pay. She was paid €383.11.

Decision 2 Re: Organisation of Working Time Act, 1997 - CA-00003883-002

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the evidence presented by both parties at the hearing, I find that this Complainant is not well founded as the Respondent has paid the Complainant her annual leave entitlements.

Dated:   22 September 2016