ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00003169
Parties:
ComplainantRespondentParties BarTender Bar/Store
Complaint
ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00004610-001 19/05/2016 Date of Adjudication Hearing: 31/01/2017Workplace Relations Commission Adjudication Officer: Rosaleen GlackinLocation of Hearing: Lansdowne House, Dublin 4.
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 8th July 2014 until the employment terminated on 24th April 2016. The Complainant was paid €10.00 an hour. The Complainant referred a complaint to the Workplace Relations Commission on 19th May 2016 alleging the Respondent had breached Section15 of the Organisation of Working Time Act when he was required to work in excess of 48 hours a week between 15th October 2015 and 24th April 2016.
Summary of Complainant’s Case:
The Complainant forwarded a copy of his Contract of Employment which provides that he was employed as a Bartender and paid €10.00 an hour. The Complainant provided Timecards to cover the period of his employment which he stated showed that he worked more than 48 hours a week.
Summary of Respondent’s Case:
The Respondent did not provide any records to the Hearing in relation to the working hours of the Complainant.
Findings and Conclusions:
This complaint was submitted to the WRC on 19th May 2016. Section 15 of the Organisation of Working Time Act, 1997 provides as follows: An employer must not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period ….that does not exceed –(a) 4 months”. Therefore the 4-month period covered by this complaint is from 25th December 2015 to 24th April 2016 when the employment terminated. I have examined closely and in detail the timecards ( the Payslips corresponding to these time cards were not provided) As I did not have the payslips to verify payment of wages for actual hours worked I could not make a definite decision in relation to this 4-month period. I was provided with both timecards and corresponding payslips from 24th August 2015 to 23rd December 2015. These show the Complainant was paid a gross weekly wage of €500.00 a week up to 20th September 2015 and €576.93 from that date to the end of December 2015. Both Parties confirmed at the Hearing that the Complainant was paid €10.00 an hour and this is confirmed in the Contract of Employment provided to me. The payslips clearly show that in this 4 month period the Complainant worked in excess of 48 hours a week in contravention of the Act. On the basis of this evidence I find that the Respondent has breached Section 15 of the Act.
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 In accordance with Section 41 (5) of the Workplace Relations Act, 2015 and on the basis of my findings above I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of €2000.00 for breach of Section 15 of the Organisation of Working Time Act, 1997. This compensation to be paid to the Complainant within 42 days of the date of this Decision Dated: 13/12/17 Workplace Relations Commission Adjudication Officer: Rosaleen Glackin Key Words: Weekly Working Hours.