ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003413
Complaints for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00004970-001 | 01/06/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00004970-002 | 01/06/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00004970-003 | 01/06/2016 |
Venue: WRC; Lansdowne House, Dublin 4.
Date of Adjudication Hearing: 05/12/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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.
Attendance at Hearing:
Background
The Complainant was employed as a Tiler from 24th August 2015 to 29th March 2016. He was paid €130 net per day. He has claimed that he did not get a written contract of employment, is owed wages holiday and Public holiday pay.
1) Terms of Employment (Information) Act - CA-00004970-002
Complainant’s Submission and Presentation:
He stated that he did not receive a written contract of employment. He has sought compensation |
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Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I note correspondence on file advising the Respondent of the details of the hearing.
I note that the Respondent did not attend and was not represented.
Sec 3 (1) of this Act states, “ An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment”.
Based on uncontested evidence I find the Complainant did not receive a written contract of employment.
I find that the Respondent has breached Sec 3 of this Act and that compensation is warranted.
Sec 7 (2) (d) of this Act states, ”compensation of such an amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 4 weeks remuneration”.
I find that compensation of €1,250 is just and equitable.
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.
I have decided that the Respondent should pay the Complainant compensation of €1,250 within six weeks of the date below.
2) Payment of Wages CA-00004970-001
Complainant’s Submission and Presentation:
1) Wages
The Complainant stated that he was paid up to 15th December 2015.
He was owed €649 for last week of December, €650, + €650+ €780 for January; €650 + €650 + €60 for February and €910 for March, a total of €5.649. He received €300 in cash leaving a balance of €5,349 net owing.
2) Holiday pay
He stated that he did not receive any holidays of holiday pay during this employment.
He has claimed 8% of all hours worked. He worked the following hours: 8 in Aug, 160 in September, 160 in October, 160 in November, 160 in December, 168 in January, 122 in February, 56 in March, a total of 994 hours X 8% = 80 hours X 16.25 per hours(€130/8) = €1,300 net
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I note correspondence on file advising the Respondent of the details of the hearing.
I note that the Respondent did not attend and was not represented.
Based on uncontested evidence before this hearing I accept the claim as presented by the Complainant.
1) Wages
I find that the Complainant is owed €5,349 net as claimed above.
2) Holidays
I find that the Complainant is entitled to €1,300 in respect of holiday pay as claimed above.
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.
I have decided that the Respondent has contravened Sec 5 of this Act.
As per Sec 6 (2) of the Payment of Wages Act I have decided that the claim is well founded.
I have decided that the Complainant is owed a total of €6,649.
I order the Respondent to pay the Complainant €6,649 within six weeks of the date below.
3) Organisation of Working Time Act CA-00004970-003
Complainant’s Submission and Presentation:
The Complainant stated that he did not get compensated for the Dec 25, 26th, January 1st and March 17th Public Holidays amounting to €4 X €130 net = €520.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I note correspondence on file advising the Respondent of the details of the hearing.
I note that the Respondent did not attend and was not represented.
Based on uncontested evidence before this hearing I find that the Complainant is owed €520 in respect of the four Public Holidays claimed.
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.
As per Sec 27(3) (a) of the Organisation of Working time Act I have decided that the complaint was well founded.
As per Sec 27(3) (c) of the Organisation of Working time Act I require employer to pay €520.00 in compensation for the economic loss.
This is to be paid within six weeks of the date below.
Eugene Hanly
Adjudication Officer
Dated: 25 April 2017