ADJ-00003708

ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00003708

Parties:

Complaint(s):

Date of Adjudication Hearing: 23/05/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 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).

CA-00005501-002

Unfair dismissal

The claimant commenced employment with the respondent on the 22nd January 2015. He was employed in the kitchen as a porter and he was paid €8.65 per hour. The claimant stated that his employment was terminated on the 3rd   April 2016. The claimant stated that he worked an average of 55 hours per week but was only paid for 20. He was paid €9.15 per hour with a net pay of €183. The claimant submitted a letter from a named person stating that he, the claimant, was employed on a full-time basis.

The claimant disputed the time sheets that were given at the last hearing.

The claimant denied that he had worked from the 9th June to the 21st June 2015, as indicated by the respondent’s time sheets. The claimant submitted evidence that he was on holidays from the 8th June to the 22nd June 2015 and he was out of the country.

The claimant had zero hours on the roster for weeks commencing 27/07/15; 01/08/15; 08/08/15 The claimant stated that he did work on those weeks 55 hours per week.

It was submitted that his last payment was on the 24th March 2016. The respondent did not pay him for the next 10 days. When he asked the respondent shouted at him and stated that if he was not happy he could leave. His employment was terminated on the 5th April

The respondent submitted rosters where the claimant worked and that he was paid his full entitlements. It was also submitted that he resigned his position.

Findings

The initial hearing took place on the 2nd January 2017, however, based on the contradictory evidence it was necessary to have a further hearing for clarity purposes which took place on the 23rd May 2017. The respondent did not attend the 2nd hearing.

I find while there is a major conflict of the evidence between the parties however I find that the evidence from the claimant to be more creditable.

I find that the evidence submitted by the claimant that he was out of the country from the 8th June to the 22nd June 2015 very important evidence ass it is direct contradiction of the respondents time sheets. Based on the evidence at the hearing, I find the claimant was constructively dismissed

Recommendation

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a recommendation in relation to the unfair dismissal claim consisting of redress in accordance with section 7 of the 1977 Act.

I find that based on the evidence the claimant was constructively dismissed I recommend that he be paid €2000 in compensation along with 1 weeks notice of €183 gross.

CA-00005501-003

Organization of Working Time Act 1997

The claimant commenced employment with the respondent on the 22nd January 2015. He was employed in the kitchen as a porter and he was paid €8.65 per hour. He submitted that he did not get his annual holiday entitlement.

Decision

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. Based on the evidence I find the complaint to be well founded and I award the claimant €366 in respect of holiday pay and €500 breach of the act.

CA-00005501-004

Organization of Working Time Act 1997

The claimant commenced employment with the respondent on the 22nd January 2015. He was employed in the kitchen as a porter and he was paid €8.65 per hour. He submitted that he did not get his Public holiday entitlements

Decision

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. I find the complaint to be well founded and I award the claimant €366 in respect of Public Holidays and €300 for breach of the act

CA-00005501-006

Payment of Wages 1991

The claimant commenced employment with the respondent on the 22nd January 2015. The claimant stated that he was owed wages from 24th March 2016 to the 3rd April 2016 a period of 10 days.

Decision

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. I find the complaint to be well founded and I award the€ 366 gross.

Dated:   20^th July 2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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