ADJ-00003599

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003599

Complaints for Resolution:

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-00005251-001	16/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005251-002	16/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005251-003	16/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00005251-004	16/06/2016

Date of Adjudication Hearing: 15/11/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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.

Attendance at Hearing:

By	Complainant	Respondent
Parties	A Restaurant Manager	A Restaurant

Complainant’s Submission and Presentation:

The complainant worked for the respondent from 26th March 2016 to 30th May 2016, when she was dismissed without notice or pay. She contends that she should have been paid for 2 days work, 3 days annual leave accrued and payment for the May public holiday.

Respondent’s Submission and Presentation

The respondent made allegations of fraud against the complainant, and stated that he would not pay the complainant one more euro as a result.

Decision:

CA-00005251-001 – Terms of Employment (Information) Act 1994

The narrative in this complaint states that the complainant was dismissed without notice and not paid for the previous week’s work. The Terms of Employment (Information) Act 1994 governs the entitlements of employees to receive written contracts of employments and changes in writing to same. The complainant’s complaints relate specifically to pay. To submit a complaint regarding pay under the Terms of Employment (Information) Act 1994 is not in accordance with the Act, and changes the nature of the complaint. I therefore deem that this complaint is not properly before me.

CA-00005251-002 – Organisation of Working Time Act 1997

The complaint here is that the respondent did not pay the complainant her annual leave entitlement at the end of her employment.

Section 23 of the Act provides:

“23 (1) Where -

(a) an employee ceases to be employed, and

(b) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee,

the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave.”

I find that the respondent in this case failed to comply with section 23 of the Act. While the respondent provided no records, I deem the economic value of the leave is €240. I require the respondent to pay to the complainant the sum of €240 together with the amount of €500 compensation for breach of the Act. This brings the total sum to €740.

CA-00005251-003 – Organisation of Working Time Act 1997

The complaint here is that the respondent failed to pay the complainant for the May public holiday.

Section 21 of the Act provides that

“Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—
(a) a paid day off on that day,
(b) a paid day off within a month of that day,
(c) an additional day of annual leave,
(d) an additional day's pay: … “ I find that the respondent failed to comply with the Act in respect of the May 2016 public holiday and I require the respondent to pay to the complainant the sum of €80.
CA-00005251-004 - Redundancy Payment Acts 1967 The complainant was in the employment for some 9 weeks and therefore does not qualify for a redundancy payment. This complaint fails. As contained in the findings and decision above, I require the respondent to pay to the complainant the total sum of €820 within six weeks of the date of this decision.

Dated: 08 March 2017