ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001356

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00001753-001	05/01/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00001753-002	05/01/2016

Date of Adjudication Hearing: 11/10/2016

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).

Complainant’s Submission and Presentation:

On the 4th of December 2015 at approx 20:05 i was getting ready to go home from work, when my boss asked me to mop the floor again. As i had already mopped the floor and my shift had ended 5 minutes ago i said no i don't have time. With this a heated argument ensued in which the owner told me he was going to cut my hours in half. As my shift had ended I left for home with every intention of going back to work the following Wednesday. However on the following Tuesday the 8th the owner told me that he could not work with me anymore and let me go with no notice and no written or verbal warnings.

I did not receive my full annual leave entitlement. I worked with the respondent for a year and three months and have only received 69 hrs holiday money. I have asked for the rest of the money which my former employer said he would pay me in January by cash. Having followed this up my employer claimed that he owes me nothing and has threatened me with legal action. Saying in one text message that he wants all the money back for the half hour breaks I took. Which he gave me.

Unfair Dismissals Act 1977

Claimant’s Submission and Presentation

The claimant submitted that he was employed by the respondent for 67 weeks from the 25^th.August 2014 to the 4^th.Dec2015.The claimant submitted that following the dispute about the floor mopping , he was dismissed without notice or any fair procedures. He submitted that there was no disciplinary procedure in place and he had not been the subject of any previous disciplinary action .

Respondent’s Submission and Presentations

The respondent did not attend and was not represented at the hearing.

Decision

On the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and I uphold the complaint of unfair dismissal.I require the respondent to pay the claimant €5,000 compensation within 4 weeks of the date of this decision.

Organisation of Working Time Act 1997

Claimant’s Submissions and Presentations

The claimant submitted that he worked a total of 2010 hours for the period of his employment and contended that as he only received 69 hours holiday pay he was entitled to payment for a further 91 hours on termination of his employment.The claimant asserted that he was initially assured by the respondent that he would pay him his outstanding holiday monies but subsequently reneged on the agreement arguing that the claimant in fact owed the respondent for paid breaks he had taken during the course of his employment.

Respondent’s Submission and Presentations

The respondent did not attend and was not represented at the hearing.

Decision

On the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and I require the respondent to pay the claimant €787.15 for economic loss and a further €500 compensation for breaching Section 23 of the Act - payment to be made within 4 weeks of the date of this decision.

Dated: 25^th January 2017