ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005628

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

Date of Adjudication Hearing: 30/01/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Location of Hearing: WRC Hearing Room Sligo

Procedure:

In accordance with Section 41 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).

Payment of Wages Act 1991 CA-00007856-001

Summary of Claimant’s Position

The claimant was employed as a Verification Team Supervisor from the 1^st.Jan 2016 to the 28^th.Feb.2016.The claimant submitted the respondent was in breach of the Act for failing to pay him at any stage during the course of his employment. He stated he was owed €5,350.00 in wages that were never received .While he received a pay slip for January, no money was paid into his account. He did not receive a pay slip for the month of February. He submitted a breakdown of the hours worked in evidence.

Summary of Respondent’s Position

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

Decision

The claimant’s complaint was received by the Commission on the 7^th.October 2016.The claimant asserted that the delay in making the complaint arose from advice from the Insolvency Office who had indicated that they were processing his claims and only advised the claimant in October 2016 that he would have to process his complaints through the WRC.I am satisfied that there was reasonable cause for the delay in making the complaint.

On the basis of the uncontested evidence of the claimant, I find the complaint to be well founded and I require the respondent to pay the claimant €5,350 compensation within 42 days of the date of this decision.

Terms of Employment (Information)Act 1994 CA-0000856-002

Summary of Claimant’s Position

The claimant submitted the respondent was in breach of the Act for failing to furnish him with written terms and conditions of employment .

Summary of Respondent’s Position

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

Decision

As the duration of the claimant’s employment did not exceed 2 months , I find he cannot rely on the provisions of the Act and accordingly I do not uphold the complaint.

Minimum Notice and Terms of Employment Act , 1973 CA 00007856-003

Summary of Claimant’s Position

The claimant submitted the respondent was in breach of the Act for failing to pay him his statutory minimum period of notice on termination of his employment.

Summary of Respondent’s Position

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

Decision

As the claimant had less than 13 weeks service , I find he cannot rely on the provisions of the Act and accordingly I do not uphold the complaint.

Organisation of Working Time Act 1997 CA-00007856-004

Summary of Claimant’s Position

The claimant submitted the respondent was in breach of Section 15 of the Act for requiring him to work in excess of 48 hours per week. He stated that following a full working day he was required to be available 2-3 nights a week to communicate with the company office in Pakistan. The claimant presented documentary evidence of his working hours in support of his complaint.

Summary of Respondent’s Position

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

Decision

The claimant’s complaint was received by the Commission on the 7^th.October 2016.The claimant asserted that the delay in making the complaint arose from advice from the Insolvency office who had indicated that they were processing his claims and only advised the claimant in October that he would have to process his complaints through the WRC.I am satisfied that there was reasonable cause for the delay in making the complaint.

On the basis of the uncontested evidence of the claimant, I uphold the complaint and require the respondent to pay the claimant €500 compensation for this breach of the Act.

Organisation of Working Time Act 1997 CA-00007856-005

Summary of Claimant’s Position

The claimant submitted the respondent was in breach of the Act for failing to pay him for holidays on termination of his employment.

Summary of Respondent’s Position

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

Decision

The claimant’s complaint was received by the Commission on the 7^th.October 2016.The claimant asserted that the delay in making the complaint arose from advice from the Insolvency office who had indicated that they were processing his claims and only advised the claimant in October that he would have to process his complaints through the WRC.I am satisfied that there was reasonable cause for the delay in making the complaint.

On the basis of the uncontested evidence of the claimant, I find the complaint to be well founded and I require the respondent to pay the claimant €175.31 for monetary loss and €300 compensation for this breach of the Act.

Dated:   28/04/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea