ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007758

Parties:

Complaint:

Date of Adjudication Hearing: 18/07/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, 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 was employed from 18^th November 2016 until the employment terminated on 22^nd January 2017. The Complainant was paid €430.00 net per week and he worked 40 hours a week. The Complainant stated that he was not provided with a written statement of his Terms and Conditions of Employment and neither was he provided with any payslips. He was paid cash in hand each week. The Complainant referred a complaint to the Workplace Relations Commission on 27^th March 2017 alleging the Respondent had breached Section 5 of the Act in relation to payment for all hours worked and he is claiming payment of €741.00.

Summary of Complainant’s Position.

The Complainant stated that he worked 5 days a week commencing at 10am each morning and working until 10.30 or 11pm that evening. He stated that the Respondent kept a book where each employee was required to sign in and out each day. The Complainant complied with this requirement. The Complainant provided a spreadsheet in relation to his start and finishing times for the course of the employment. The Complainant provided evidence of a letter sent to the Respondent dated 14^th February 2017 in relation to hours worked of 69 hours which were not paid and he is claiming payment at €10.75 an hour. This was in response to an exchange of emails between the Complainant and the Respondent in relation to his P45 and final wages owed to him. This had not been paid to him up to the date of the Hearing.

Summary of Respondent’s Position.

The Respondent did not attend the Hearing scheduled for 18^th July 2017.

Findings.

On the basis of the evidence and on the uncontested evidence of the Complainant I declare the complaint is well founded.

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.

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 the sum of €741.00, subject to any lawful deductions, within 42 days of the date of this Decision

 Dated:   30^th August 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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