ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004226
Complaint(s)/Dispute(s) for Resolution:
| 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-00006170-001 | 28/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006170-002 | 28/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006170-003 | 28/07/2016 |
Date of Adjudication Hearing: 31/01/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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:
The Complainant was employed from March 1st 2013 to January 29th 2016 as a Head Chef. He worked part time at the weekends on average 46 hours per week and earned 350 Euro net per week. The Complainant stated that he have never received a written statement of the terms of his employment and did not do so during his employment in contravention of Section 3 of the Terms of Employment (Information) Act 1994. |
He stated that when his employment ended on the 29th January 2016 he did not receive the total annual leave/holiday pay that was due and owing to him by his employer. Monies were also withheld that were due and owing to him.. |
He stated that he had not received public holiday pay due and owing to him from his employer. |
Respondent’s Submission and Presentation:
The Respondent was not present at the Hearing.
Decision:
Section 41(4) 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.
Under the Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00006170-001 an employer is obliged by the Act under Section 3 to provide an employee with a written statement of terms of employment within two months. In this case the Complainant was never supplied with a written statement of his conditions of employment, according to his evidence. The maximum penalty for an employer found in breach of section 3 of the Act is four weeks pay as per Section 7.2.(d) of the Act. As the Respondent breached Section 3 of the Act I award the Complainant 1,400 Euros to be paid within four weeks of todays date.
Under the Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00006170-002 the Complainant alleged he did not receive any holiday pay in 2015 as provided for under Section 19.1.(a) of the Act and this was carried over for payment in 2016. He also stated he did not get any holiday pay for 2016 to the date of termination of his employment. The Complainant stated he was due 1,160 Euros in overdue holiday pay and I award the Complainant 1,600 Euros to be paid within four weeks of todays date.
Under the Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00006170-003 the Complainant alleged he was not paid public holidays as provided for under Section 21.1 of the Act. The Complainant stated he was due 6 days in 2014, 6 days in 2015 and 1 day in 2016 and that all the payments were due to be paid in 2016 by the employer. I award the Complainant 910 Euros to be paid within four weeks of todays date.
Dated: 2nd March 2017