ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003391

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

Date of Adjudication Hearing: 12/12/2016

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and section 6 of the Payment of Wages Act, 1991 and Section 8 Unfair Dismissal Act, 1977and Section 14 Protection of Employees ( fixed Terms work) Act, 2003 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.

Complainant’s Submissions:

The complainant commenced work with the respondent in February, 2015. He was employed as a Chef. He resigned his position in April, 2016. After he handed in his resignation he wanted to work out his notice but after two days the owner told him to go. He was not paid for those two days and was not paid the balance of his notice. He also states that he is entitled to four weeks holidays having never taken holidays when he worked with the respondent. The complainant later conceded that he did take one week holiday and was paid for it. He worked his other three weeks holidays. He didn’t apply to take leave as he thought he wouldn’t be allowed to go.

The complainant stated that he was never given a contract of employment but accepts that he brought that claim under the wrong act. He brought that claim under the Protection of Employees (Fixed-Term Work) Act 2003.

Respondent’s Submissions:

The respondent business owner and the complainant knew each other before the complainant started to work for him. He knew that he had set up a new business and wanted to help him out while he was getting that up and running. He offered him a job in his restaurant. After a while the complainant, with the knowledge and consent, of the owner started to cook food for his business in in the respondent’s kitchen. However he did use his own cooker. On the 14^th or 15^th of April, he had a disagreement with the owner about the hygiene levels in the kitchen. He said he was a chef and not a cleaner. He handed in his notice on the 26^th April, 2016.

The respondent produced payslips for every week the complainant worked with him. He also produced P60’s and a P45. It is clear from the payslip that the complainant was paid for the two days he worked during his notice claim. He has not lodged a claim under the Minimum Notice act with respect the balance of the notice period.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 8(1B) of the Unfair Dismissals Act 1977, Section 6 Payment of Wages Act 1991 and Section 14 Protection of Employees (Fixed-Term Work) Act 2003 and Section 27 the Organisation of Working Time Act 1997 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

It is accepted that the complainant resigned his position and no claim for constructive dismissal was filed.

It is accepted that the complainant lodged his claim under Section 14 of the Protection of Employees (Fixed-Term Work) Act 2003 in error.

I am satisfied based on the documentary evidence produced at the hearing that the complainant was paid for the two days he worked during his notice period.

I am also satisfied based on the documents produced that the complainant was paid in accordance with the Organisation of Working Time Act 1997.

I find that the complainant’s claims pursuant to Section 8 of the Unfair Dismissals Act 1977, Section 6 Payment of Wages Act 1991 and Section 14 Protection of Employees (Fixed-Term Work) Act 2003 and Section 27 of The Organisation of Working Time Act 1997 fail.

Dated:   17^th January 2016