ADJUDICATION OFFICER RECOMMENDATION

Adjudication Decision Reference: ADJ-00004488

Complaints for Resolution:

Venue: WRC; Lansdowne House, Dublin 4.

Date of Adjudication Hearing: 05/12/2016

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

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

Background

The Complainant was employed as a Tiler from 24^th August 2015 to 29^th March 2016. He was paid €130.00 net per day. He has claimed that he was unfairly dismissed. The complaint under the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012   CA-00006289-003 was withdrawn

1) Industrial Relations Act CA-00006289-002

Complainant’s Submission and Presentation:

The Complainant stated that he was forced to resign his position because his employer would not pay him his wages (see ADJ 3413 Payment of Wages and Organisation of Working Time Act complaints).

He found work after one week. He has claimed that he was constructively dismissed. He has less than 12 months service and so was unable to take this complaint under the Unfair Dismissals Act. He has sought compensation.

Respondent’s Submission and Presentation:

The Respondent did not attend and was not represented at the hearing.

Findings

I note correspondence on file advising the Respondent of the details of the hearing.

I note that the Respondent did not attend and was not represented.

Based on uncontested evidence before this hearing I find as follows:

I refer to the complaints under ADJ 3413 where it was found that wages and holiday pay were owed.

I find that the Respondent has frustrated this contract of employment.

I find that the Complainant had no option but to resign his position.

I find that he was constructively dismissed.

I note that he found work of similar value within one week.

Recommendation:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I recommend that the Respondent pays the Complainant compensation of €750 to be paid within six weeks of the date below.

2)European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012   CA-00006289-003

This complaint was withdrawn.

Eugene Hanly

Adjudication Officer

Dated:   29/03/2017