ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00004111

Complaints and Dispute:

Date of Adjudication Hearing: 13/04/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Location of Hearing: Lansdowne House, Dublin 4

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 and following the referral of the complaints/dispute to me by the Director General, I inquired into the complaints/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints/dispute.

Background:

The Complainant was employed with the named Respondent Company from 18^th July 2015 until the employment was terminated on 2^nd April 2016. The Complainant was paid €608.84 gross per week he initially worked   47.5 hours a week which was reduced to 18 hours a week effective from 19^th February 2016 and he was paid €300.00 gross per week. The Complainant referred two complaints under the Terms of Employment (Information) Act, 1994; a complaint under the Payment of Wages Act, 1991; complaints under the Organisation of Working Time Act, 1997 and a dispute of unfair dismissal under the Industrial Relations Act, 1969. The Respondent did not attend the scheduled Hearing.

Summary of Complainant’s Case:

Terms of Employment (Information) Act, 1994. The Complainant stated that he had not been provided with a written statement of his Terms and Conditions of Employment during the course of his employment and he stated that when his hours were reduced from 47.5 to 18 hours a week effective from 19^th February 2016 he was not informed in writing of this change to his contract of employment.

Payment of Wages Act, 1991. The Complainant stated that when his employment was terminated he was not paid his minimum notice.

Organisation of Working Time Act, 1997. The Complainant stated that when his employment was terminated he was not paid his accrued annual leave on termination of the employment. The Complainant stated that he had worked the Easter Monday Public Holiday but had not received a day in lieu.

Industrial Relations Ac, 1969. The Complainant stated that after he finished work on Saturday 2^nd April 2016 he received a phone call from a named Respondent who informed him not to come in as the shop had closed. The Complainant confirmed that the Barber Shop had closed.

Findings and Conclusions:

Terms of Employment (Information) Act, 1994. Section 3 of the Act provides that an Employer must provide an employee with a written statement of their Terms and Conditions of Employment within two months of the commencement of the employment. The uncontested evidence of the Complainant was that the Respondent did not provide him with a written statement during the course of the employment. The Complainant stated that his working hours per week had been unilaterally reduced by the Respondent from 47.5 hours to 18 hours a week effective from 19^th February 2016 and that the Respondent had not informed him in writing of this change to his contract of Employment. Section 5 of the Act provides that an Employer must inform an employee within the period of one month of a change to the employee’s contract of employment.

I find that the Respondent has breached both Section 3 and Section 5 of the Act.

Payment of Wages Act, 1991.The Complainant was employed from 18^th July 2015 to the employment terminated on 2^nd April 2016. Section 4 (2) (a) of the Minimum Notice and Terms of Employment Act, 1973 provides that an employee with less than two years continuous service with an employer is entitled to payment of one week’s minimum notice on termination of the employment.

I find the Complainant is entitled to payment of one week’s notice of €300.00

Organisation of Working Time Act, 1997. Annual Leave and Section 23 - which provides that on termination of the employment an employee is entitled to be paid his accrued annual leave. The Evidence of the Complainant was that he had received no annual leave during the course of his employment. The evidence from the Complainant is that he worked 47.5 hours a week from 18^th July 2015 to 19^th February 2016 which is 30 weeks x 47.5 hours a week = 1425 hours worked and he worked 18 hours w week from 19^th February 2016 to 2^nd April 2016 being 6 weeks x 18 hours a week = 108. The Complainant therefore worked a total of 15323hours x 8% = 122.6 hours annual leave due = €2043.33

Section 21. This   of the Act provides that where an employee is required to work on a designated Public Holiday then the employee is entitled to either an additional day’s pay- a day’s annual leave –a day off in lieu or a combination of these. The evidence of the Complainant was that he worked Easter Monday 2016 but did not receive a day in lieu or an additional days pay. I find the Complainant is entitled to payment of 1 days’ pay of €60.00

Industrial Relations Act, 1969. The evidence from the Complainant was that the Barbers Shop in which he was employed shut down effective from 2^nd April 2016. The Complainant was not dismissed his position was made redundant.

Decision:

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

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

Terms of Employment (Information) Act, 1994 CA-00004834-005

In accordance with Section 41 of the Workplace Relations Act, 2015 and in view of my findings above I declare the Respondent has breached Section 3 of the Act as he did not provide the Complainant with a written statement within two months of the commencement of the employment. I direct the Respondent to pay the Complainant €500.00 compensation within 42 days of the date of this Division

Terms of Employment (Information) Act, 1994. CA-00004834-006

In accordance with Section 41 of the Workplace Relations Act, 2015 and in view of my findings above I declare this complaint is well founded. The Respondent has breached Section 5 of the Act when they failed to inform the Complainant of a reduction in his weekly working hours within one month of 19^th February 2016 when his hours were reduced from 47.5 hours to 18 hours. I direct the Respondent to pay the Complainant compensation of €500.00 within 42 days of the date of this Decision

Payment of Wages Act, 1992 CA-00004834-001

In accordance with Section 41 of the Workplace Relations Act, 2015 and in view of my Findings above I declare this complaint is well founded. I direct the Respondent to pay the Complainant one week’s minimum notice of €300.00, subject to any lawful deductions, within 42 days of the date of this Decision.

Organisation of Working Time Act, 1997 CA-00004834-002-003-004

In accordance with Section 41 of the Workplace Relations Act, 2015 and in view of my findings above I declare the Complainants are well founded. The Responded has breached Sections 21 and 23 of the 1997 Act in that the Respondent did not pay the Complainant his accrued annual leave on termination of his employment and he was not paid a day in lieu when he worked the Easter Monday 2016 Public Holiday I direct the Respondent to pay the Complainant –

€ 2043.33in respect of accrued annual leave due on termination of his employment and

€60.00 in respect of a day in lieu for the Easter Monday 2016 Public Holiday and

€500.00 compensation for breaches of Sections 21 and 23 of the Act.

These sums to be paid to the Complainant within 42 days of the date of this Decision.

Industrial Relations Act, 1969 CA-00004834

In accordance with Section 13 of the Industrial Relations Act, 1969 I do not recommend in favour of the Complainant that he was unfairly dismissed. Rather the Barber’s Shop where he worked ceased trading.

Dated:   15^th June 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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