ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004576

Complaints for Resolution:

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, and 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 from 16^th May 2016 until the termination of the employment on 3^rd June 2016. The Complainant was paid €12.74 an hour and he worked 40 hours a week. The Complainant referred three complaints to the Workplace Relations Commission on 28^th August 2016 alleging a breach of the Terms of Employment (Information) Act, 1994, a breach of the Payment of Wages Act, 1991 and a breach of the Organisation of Working Time Act 1997.

The Respondent emailed the WRC on 17^th November 2016 stating that he had forwarded a cheque for €200.00 to the Complainant and attaching a copy of Terms and Conditions issued to the Complainant.

Summary of Complainant’s Position.

Terms of Employment (Information) Act, 1994. The Complainant stated at the Hearing that he had not been provided with a written statement of his Terms and Conditions of Employment.

Payment of Wages Act, 1991. The Complainant confirmed at the Hearing that he had been paid €200.00 on 17^th August 2016. He stated he had worked 22 hours in his last week of employment.

Organisation of Working Time Act, 1997. The Complainant stated that he had worked a total of 68 hours but had not been paid accrued annual leave on termination of the employment.

 FINDINGS

Terms of Employment (Information) Act, 1994.

Section 3(1) of the Act requires an Employer to issue an Employee with a written statement of Terms and Conditions of Employment within the period of 2 months of the commencement of the employment. The Complainant was employed for just over two weeks.

I note that the Respondent did forward a copy of a Contract signed and dated by both the Employer and the Complainant but this arrived post the Hearing so I was unable to ask the Complainant to comment.

I find the Respondent has not breached Section 3 of the Act.

Payment of Wages Act, 1991.

The Complainant stated he worked 22 hours in his last week of employment but had not been paid but he confirmed at the Hearing that he had been paid €200.00 on 17^th August 2016 .This was a net payment.

I find that the Respondent has not breached Section 5 of the Act.

Organisation of Working Time Act, 1997

Section 23 of the Act provides that an employee is entitled to be paid accrued annual leave on termination of the employment. The evidence was that the Complainant worked 68 hours x 8% = 5.4     Hours annual leave due x €12.74 an hour = €69.30

I find the Respondent has breached Section 23 of the Act.

Terms of Employment (Information) Act, 1994. CA-00006606-003

In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is not well founded.

Payment of Wages Act, 1991 – CA-00006606-002

In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint not well founded.

Organisation of Working Time Act, 1997.

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant –

€ 69.30 in respect of annual leave due and not paid on termination of the employment and

€100.00 compensation for breach of Section 23 of the Act.

These sums to be paid to the Complainant within 42 days of the date of this Decision.

Date 5^th April 2017