ADJ-00003079

ADJUDICATION OFFICER DECISION/RECOMMENDATION 

Adjudication Reference: ADJ-00003079

Parties:

Complaint(s):

Date of Adjudication Hearing: 23/05/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015 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).

CA-00004423-002

Unfair Dismissal 1977

The claimant worked from the 2nd August 2012 to the 13th March 2016. He was employed as a waiter and he was paid €9.15 per hour. The claimant submitted that his employment was terminated on the 13th March 2016, when the respondent informed him that he could go home and that he was fired, no reason was given for the dismissal. The claimant stated that he worked an average of 45 hours per week for the respondent but he was only paid for 20 hours and the remaining hours were paid for by way of “tips” He (claimant) added that he had written to the respondent to appeal the decision to dismiss him, however, no response was forthcoming.

At the hearing on the 23rd May 2017 the claimant submitted detail dates that he worked which were in direct conflict with the time sheets as presented by the respondent at the last hearing.

The claimant disputed the respondent’s time sheet for the 15th May 2015 where it stated that he worked. The claimant produced evidence that he was out of the country at that time.

The respondent submitted that he was not dismissed that he walked out. It was further stated that the claimant worked for another employer and that he was not available at times that the respondent wanted him.

Findings

The case was first heard on the 2nd January 2017, however, there was a major conflict of evidence between the parties it was decided that the case be re-list for clarification and it was rescheduled for the 23rd May 2017.

The claimant was asked to supply evidence of other work. I find that evidence was given to me by email and it showed that he did very little work for the other party.I find that the claimant had requested the right of appeal but this did not happen. I find taking all matters into consideration I find the evidence from the claimant to be more creditable.

Recommendation

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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.

I find the claimant was Unfairly dismissed and I award him €2928.00 in compensation.

CA-00004423-003

Organisation of Working Time Act 1997

The claimant worked from the 2nd August 2012 to the 13th March 2016. He was employed as a waiter and he was paid €9.15 per hour. He stated that he was not paid his holiday pay when he was dismissed.

Findings

The claimant has under the Act the entitlement to be paid for his holidays. I find that based on the evidence the claimant worked f 40 hours per week.

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.

Based on the evidence I find the complaint to be well founded and I award the claimant 2 week’s €366 in respect of holiday pay and €500 in compensation for breach of the act.

Ca-00004423-004

Organisation of Working Time Act

The claimant worked from the 2nd August 2012 to the 13th March 2016. He was employed as a waiter and he was paid €9.15 per hour. The claimant submitted that he did not receive payment or appropriate time off for Public Holidays.

Findings

The claimant has an entitlement to appropriate time off or payment in respect of Public Holidays.

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.

Based on the evidence I find the complaint to be well founded and I award the claimant €366 for Public Holidays and €350 in compensation for breach of the act.

CA-00004423-005

Payment of Wages Act 1991

The claimant was employed from the 2nd August 2012 to the 13th March 2016. He was employed as a waiter and he was paid €9.15 per hour. The claimant submitted that he did not receive payment in lieu of notice.

Findings

I find that the claimant was employed for over 2 and under 5 years and that he is entitled to 2 weeks notice

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.

I find the complaint to be well founded and I award the claimant €366 gross.

Dated:   11^th July 2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell