ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003121

Complaints for Resolution:

Date of Adjudication Hearing: 01/12/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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 by the Respondent from 22^nd December 2015 until the employment terminated on 29^th April 2016. The Complainant was paid €328.00 gross per week and she worked 45 hours a week.

The Complainant referred complaints to the Workplace Relations Commission under the Payment of Wages Act, 1991 in relation to wages due and not paid on 6^th May 2016 – under the Terms of Employment (Information) Act, 1994 alleging a breach of Section 3 and a complaint under the Organisation of Working Time Act, 1997 in relation to Breaks while at work, annual leave and Public Holiday for adjudication by an Adjudication officer.

The Complainant had also filed a complaint to the WRC requesting an inspection by an inspector in relation to non-payment of wages and her annual leave. I was provided with the outcome of this investigation by a named Inspector of the WRC on 5^th December 2016. The Respondent had agreed to pay the Complainant wages of €1896.19 and annual leave of €584.06 in three instalments by 24^th December 2016. I emailed the Complainant on 26^th January 2017 to confirm if she had received the monies owed. The Complainant responded on 30^th January 2017 to confirm that the final payment was made on 20^th January 2017.

Decision.

Payment of Wages Act, 1991 CA-00004922-001

I do not have jurisdiction to hear this complaint as the WRC Inspection Services have dealt with this complaint.

Organisation of Working Time Act, 1977 CA-00004992-003

I do not have jurisdiction to hear the complaint in relation to Annual Leave as the WRC Inspection Services have dealt with this complaint.

Terms of Employment (Information) Act, 1994 – CA-00004922-004

The Complainant stated she had not been provided with a written statement of her Terms and Conditions of Employment.

Decision CA-00004922-004

In accordance with Section 4(5) of the Workplace Relations Act, 2015 and on the uncontested evidence of the Complainant I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of €800.00 within 42 days of the date of this Decision.

Organisation of Working Time Act, 1997 CA-00004922-002-005

Section 21. The Complainant stated that she did not work on 25^th and 26^th December 2015 but stated she was not paid for these two Public Holidays. The Complainant stated that she worked 7.45 hours on 1^st January 2016 but was not compensated as per this Section of the Act. The Complainant stated she did work on 17^th March 2016 but did not work on 27^th March 2016. She was paid for working 17^th March 2016 but not compensated and she was not paid for 27^th March 2016.

Section 12. The Complainant stated that she worked Monday to Friday from 6am to 3pm. She stated that she was not allowed to have a break away from the Shop.

Findings.

Terms of Employment (Information) Act, 1994

Section 3 of this Act provides that an Employer must give a written statement of Terms and Conditions of Employment to an employee within the period of two months of the commencement of the employment with the Employer.

On the uncontested evidence of the Complainant I find the Respondent has breached Section 3 of the Act.

Organisation of Working Time Act, 1997

Section 12. This Section of the Act provides that an employee is entitled to a break of 15 minutes after working 4.5 hours and a break of 30 minutes after working 6 hours, these 30 minutes can include the 15 minutes taken after 4.5 house working. The evidence was that the Complainant did not take breaks.

I find that the Respondent has breached Section 12 of the Act.

Section 21. This Section provides that an employee is entitled to benefit from all Public Holidays. It also provides that where an Employee is required to work on a Public Holiday the Employee must be compensated by the Employer by either (a) payment in lieu (b) an additional days pay (C) an additional day’s annual leave or a combination.

The evidence from the Complainant was that she did not work on 25^th December 2015, 26^th December 2015 and 27^th March 2016 but she was not paid for these 3 Public Holidays

The evidence from the Complainant was that she did work on 1^st January 2016 and 17^th March 2016 but she was not compensated by the Respondent.

I find that the Respondent has breached Sections 12 and 21 of the Act.

Decision.

Terms of Employment (Information) Act, 1994. CA-00004922-004

In accordance with Section 41 (5) of the Workplace Relations ACT, 2015 and on the uncontested evidence of the Complainant I declare the Complainant has breached Sections 12 and 21 of the Act. I Direct the Respondent to pay the Complainant compensation of €800.00 within 42 days of the date of this Decision.

Organisation of Working Time Act, 1997 CA-00004922-002-005

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 and on the uncontested evidence of the Complainant I declare the Respondent has breached Sections 12 and 21 of the Act. I direct the Respondent to pay the Complainant compensation of €1000.00 within 42 days of the date of this Decision.

Rosaleen Glackin

Adjudication Officer

Date:__15 February 2017