ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00005357

Parties:

Complaint:

Date of Adjudication Hearing: 3rd February 2017

Procedure:

On the 3^rd October 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Terms of Employment (Information) Act. The complaint was scheduled for adjudication on the 3^rd February 2017.

At the time the adjudication was scheduled to commence, it was apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication. Having been satisfied of this and waited some time for a late arrival, I proceeded with the adjudication in the absence of the respondent.

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complainant worked for the respondent between the 5^th October 2015 and the 8^th August 2016. He was paid €450 per week. This complaint is made pursuant to the Terms of Employment (Information) Act. He has referred other issues to the inspectorate of the Workplace Relations Commission.

Summary of Complainant’s Case:

The complainant outlined that he is a fitter and welder and that the respondent provides dust control units for factories, for example a high profile window manufacturer. He commenced working for the respondent on the 5^th October 2015 and his employment came to an end on the 8^th August 2016; The complainant had to contact the Revenue Commissioners to secure his P45 and the document he received had the incorrect date of the 29^th July 2016 as the date his employment ended. He outlined that on bank holiday weekends, he was not paid on a Friday, but later on the Tuesday following the weekend. He said that from August 2016, he was not paid for the week before the August public holiday. He was then off for a week and returned to find that he had still not been paid for the week. He returned to work on the Monday and asked his line manager why he had not been paid. The line manager replied that the boss was away on holiday and the complainant replied “no way” and left. The complainant outlined that the respondent did not pay for public holidays, annual leave and nor did it pay the last portion of pay due to the complainant. These matters had been referred to the inspectorate division of the Workplace Relations Commission for investigation.

The complainant outlined that when he started employment with the respondent, he was informed of his rate of pay, €11 per hour, but was not informed of his annual leave entitlements and faced a tax liability on PRSI and USC contributions not paid by the respondent. He said that according to his pay slips his weekly wage was €450. He incurred a reduction in income in his next employment as he had to make up for PRSI and USC contributions not paid by the respondent. He was not supplied with a statement of his terms of employment, as required by the Terms of Employment (Information) Act.

Summary of Respondent’s Case:

The respondent did not attend the adjudication and did not make submissions to it.

Findings and Conclusions:

The complainant raised wide-ranging breaches of employment statutes arising from the time he was employed by the respondent. Some have been referred for inspection by the Workplace Relations Commission. The complaint referred to adjudication is one pursuant to the Terms of Employment (Information) Act. He gave uncontroverted evidence that he was not supplied with a statement of the terms of his employment, as required by section 3 of the Act. The claim is, therefore, well founded. In the circumstances, I award the complainant four week’s remuneration as compensation for the breach. Given that he was paid €450 per week, the total amount of redress is €1,800.

Decision:

Section 41 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.

CA-00007344-001

I find that the claim is well founded and that the respondent shall pay redress to the complainant of €1,800 pursuant to section 7 of the Terms of Employment (Information) Act.

Dated:   30 August 2017

Key Words:

Terms of Employment (Information) Act, section 3