ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004135

Complaint(s)/Dispute(s) 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-00005911-001	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-002	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-003	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-004	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-005	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-006	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00005911-009	19/07/2016

Date of Adjudication Hearing: 12/01/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41(4) 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).

Complainant’s Submission and Presentation:

I was asked to sign a contract that wasnt given a copy. I saw it only for a minute. It wasnt in place from the moment that I started working there.

did not get breaks during a working day

I have requested a statement. I was paid 8e an hour all this time.

Terms of Employment (Information)Act 1994 Ref CA-00005911-001

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^th.July 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

On reviewing the claimant’s evidence, I am unable to find that reasonable case was advanced for the delay in making the complaint and consequently I find the complaint is out of time and I have no jurisdiction on the matter.

Organisation of Working Time Act 1997 Ref CA-00005911-002

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^th July 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-003

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^th July 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-004

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^thJuly 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-005

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^th July 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-006

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^thAugust 2015. The claimant’s complaint was received by the WRC on the 19^thJuly 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

National Minimum Wage Act 2000 Ref CA-00005911-009

Preliminary Matter of Jurisdiction

As the claimant was unable to demonstrate compliance with the provisions of Section 23 of the Act, I have no jurisdiction to investigate the complaint.

Dated 9^th March 2017

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004135

Complaint(s)/Dispute(s) 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-00005911-001	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-002	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-003	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-004	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-005	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00005911-006	19/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00005911-009	19/07/2016

Date of Adjudication Hearing: 12/01/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

Attendance at Hearing:

By	Complainant	Respondent
Parties	Hanna Warkocka (Kitchen Porter)	Hopeside Limited t/a Lantern Chinese Restaurant (Restaurant)
Representative	Hanna Warkocka	John Cuddy Solicitor
Witnesses	Zygmunt Zubert - Translator	Chun Kit Ho Director Hopeside Ltd.

Complainant’s Submission and Presentation:

I was asked to sign a contract that wasnt given a copy. I saw it only for a minute. It wasnt in place from the moment that I started working there.

did not get breaks during a working day

I have requested a statement. I was paid 8e an hour all this time.

Terms of Employment (Information)Act 1994 Ref CA-00005911-001

Preliminary Matter of Jurisdiction

Organisation of Working Time Act 1997 Ref CA-00005911-002

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^th July 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-003

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^th July 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-004

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^thJuly 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-005

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^th August 2015. The claimant’s complaint was received by the WRC on the 19^th July 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

Organisation of Working Time Act 1997 Ref CA-00005911-006

Preliminary Matter of Jurisdiction

The claimant commenced employment as a kitchen porter with the respondent on the 3^rd Feb. 2012 and has been off on sick leave since the 24^thAugust 2015. The claimant’s complaint was received by the WRC on the 19^thJuly 2016. When clarification was sought on the reason for the delay in making the complaint, the claimant stated that she did not think she needed to make a complaint and thought she could solve her problems directly with the respondent.

National Minimum Wage Act 2000 Ref CA-00005911-009

Preliminary Matter of Jurisdiction

As the claimant was unable to demonstrate compliance with the provisions of Section 23 of the Act, I have no jurisdiction to investigate the complaint.

Dated 9^th March 2017