ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00003594

	Complainant	Respondent
Anonymised Parties	Head Chef	Food Services Company

Representatives

Did not attend

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00005109-001	10/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005109-002	10/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005109-003	10/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00005109-004	10/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005109-005	10/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005109-006	10/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00005252-001	17/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00005109-007	10/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00005575-001	29/06/2016

Date of Adjudication Hearing: 06/03/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Location of Hearing: Room G.04 Lansdowne House

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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).

Background:

The Claimant has made multiple claims against the Respondent (see above).

Summary of Complainant’s Case:

The Claimant withdrew his claim under the Industrial Relations Act.

His original contract was for 20 hours per week. However, he was promoted and his new hours were 45 hours per week. This turned out to be 50/690hours in reality. He also claimed the following;

He did not receive proper breaks
He did not receive any annual leave or public holidays
He was never paid overtime. He is claiming €1,019.00 is due to him as a result.
He did not receive a new contract when he was promoted

Summary of Respondent’s Case:

There was an unexplained absence of the Respondent.

Decision:

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

As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. I find the claims well founded and make the following awards;

Under CA-5109-001, CA-5252-001 & CA-5109-007

I award €1,000.00 for no receiving written terms of employment.

Under CA 5109-002, 003,005 & 006

I award €1,000.00 for not receiving proper breaks. I award €500.00 for not receiving public holidays and €1,000.00 for not receiving annual leave. I award a total of €2,500.00

Under CA-5109-004

I award €1,019.00 for unpaid overtime

I award a total of €4,519.00

Dated: 25^th July 2017

Workplace Relations Commission Adjudication Officer: John Tierney

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