ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005509

Complaints for Resolution:

Date of Adjudication Hearing: 01/02/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

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 complaint.

Complainant’s Submission and Presentation:

The complainant was employed by the respondent for just under one month as a security worker at a number of outdoor events. He worked two hundred and seventy hours over the course of that period. His pay rate was €10.75 per hour.

He was not given a statement of his Terms of Employment as required by the Terms of Employment (Information) Act 1994.

He also submits that he was only paid €585 in two moieties of €100 and €485 leaving a shortfall of €2317.50. He was not given any payslips.

He worked on five Sundays in the period, June 25^th; five hours, July 3^rd and 10^th, 13.5 hours in total, July 17^th 12 hours, and July 24^th 17.5 hours, a total of fifty hours for which no additional premium was paid.

Finally he claims holiday pay for the period totalling €232.00.

Respondent’s Submission and Presentation:

The respondent did not attend the hearing and provided no explanation of their failure to do so.

Findings and Conclusions.

The complainant’s employment terminated within the period in which it is required to provide a statement in compliance with the Terms of Employment (Information) Act and therefore I cannot make an adverse finding in respect of that complaint.

However, I accept the complainant’s evidence and submission in relation to all other complaints and find in his favour.

Decision:

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 do not uphold complaint CA-00007678-0001 under the Terms of Employment (Information) Act 1994 and that complaint is dismissed.

I uphold complaint CA-00007678-002 under the Organisation of Working Time Act 1997 which has two components; one in respect of the failure to pay a Sunday premium and I award the complainant €250 being approximately 25% of his hourly rate for fifty hours. The second relates to his entitlement to holiday pay and I award him €232.00 being 8% of the hours worked.

I also uphold complaint CA-00007678-005 in respect of unpaid wages and award him €2317.50.

Dated:   16^th March 2017