CORRECTION ORDER ISSUED PURSUANT TO SECTION 41 (16) OF THE WORKPLACE RELATIONS ACT 2015 |
ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00004327
Parties:
| Complainant | Respondent |
Anonymised Parties | (Operative) | (Manufacturing) |
Representatives | Richard Grogan & Associates (Solicitor) | John Barry Management Support Services (Ireland) Ltd (Representative) |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006300-001 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006300-002 | 26/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006300-003 | 26/07/2016 |
Date of Adjudication Hearing: 09/03/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Location of Hearing: The Ardboyne Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and under Section 27 of the Organisation of Working Time Act 1997 and under Section 7 of the Terms of Employment (Information) Act 1994 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 worked for the Respondent as an Operative from the 7th February 2007 to the 10th June 2016. She was paid at the rate of €8.65 per hour.She alleges that the Respondent failed to comply with her annual leave entitlements contrary to the 1997 Act. She alleges that the Respondent failed to comply with her public holiday entitlements, contrary to Section 21 of the 1997 Act. She alleges that the Respondent failed to provide her with a written statement outlining her terms and conditions of employment contrary to Section 3 of the Terms of Employment (Information Act, 1994. |
Summary of Complainant’s Case:
CA-00006300-001 Complaint relating to Section 19 of the Organisation of Working Time Act 1997 The Complainant’s representative stated that the Complainant was not compensated for her loss of her annual leave entitlements on the termination of employment, contrary to Section 19 of the 1997 Act. CA-00006300-002 Complaint relating to Section 21 of the Organisation of Working Time Act 1997 The Complainant’s representative stated that the Complainant did not receive her public holiday entitlements while she was out sick contrary Section 21 of the Organisation of Working Time Act 1997. CA-00006300-003 Complaint relating to the Terms of Employment (Information) Act 1994 The Complainant’s representative stated that the Complainant did not receive a written statement outlining her terms and conditions of employment, contrary to Section 3(1) of the 1994 Act. The Complainant commenced employment on 7th February 2012 and did not receive a written statement until the 18th of October 2013. |
Summary of Respondent’s Case:
CA-00006300-001 Complaint relating to Section 19 of the Organisation of Working Time Act 1997 The Respondent’s representative stated that the Complainant continued to accrue annual leave entitlements throughout the entirety of her sickness absence to the date of her cessation of employment. She was paid in full for all outstanding annual leave entitlements on the 23rd of June 2016. Therefore the Complainant’s claim that she did not receive her annual leave entitlements on the cessation of her employment is incorrect. CA-00006300-002 Complaint relating to Section 21 of the Organisation of Working Time Act 1997 The Respondent’s representative stated that in accordance with the Third Schedule entitlement under Section 21, public holiday entitlements shall not apply in respect to a public holiday to an employee who is absent from work immediately before that public holiday. “in excess of 26 consecutive weeks by reason of an injury sustained by the employee in any accident or by reason of any disease by which employee suffers or suffered”. The Complainant was therefore entitled to receive payment for public holidays up to the 23rd of October 2015 and (26 consecutive weeks) and not entitlement for any further accrual ensued thereafter. Notwithstanding this, as a token of good will and as evidence of the generosity displayed by the company the Complainant received payment for public holidays up to the including St. Stephen’s Day. In this regard, the Complainant received in excess of her public holiday entitlements. CA-00006300-003 Complaint relating to the Terms of Employment (Information) Act 1994 The Respondent’s representative stated that the Complainant receive a written statement outlining her terms and conditions of employment on the 18th October 2013. The Complainant also received a further statement on the 1st September 2015. Both contracts are in compliance with Section 3 of the Terms of Employment (Information) Act 1994. |
Findings and Conclusions:
CA-00006300-001 Complaint relating to Section 19 of the Organisation of Working Time Act 1997 In relation to alleged breaches of Section 19 of the 1997 Act, I find that the Complainant was paid for all outstanding annual leave entitlements on the 23rd of June 2016. Therefore this complaint is not well-founded. CA-00006300-002 Complaint relating to Section 21 of the Organisation of Working Time Act 1997 In relation to alleged breaches of Section 21 of the 1997 Act, I find that the Complainant received payment in excess of her public holiday entitlements. Therefore I find that this complaint is not well-founded. CA-00006300-003 Complaint relating to the Terms of Employment (Information) Act 1994 I not that the Complainant commenced her employment on the 7th of February 2012 and did not receive a written statement outlining her Terms and Conditions of Employment until the 18th of October 2013. In accordance with Section 3(1) of the 1994 Act, the Complainant should have received a written statement within two months of her commencement of employment. The Respondent failed to provide the statement within the two month period as provided for within Section 3(1) of the 1994 Act. I find that this Complain is well-founded. |
Decision:
Section 27(3) of the Organisation Working Time Act 1997 requires that I make a decision in relation to the complaint.
CA-00006300-001 Complaint relating to Section 19 of the Organisation Working Time Act 1997
Based on the evidence presented at the hearing I find that this complaint is not well-founded and therefore fails.
CA-00006300-002 Complaint relating to Section 21 of the Organisation Working Time Act 1997
Based on the evidence presented at the hearing I find that this complaint is not well-founded and therefore fails.
Section 7 of the Terms of Employment (Information) Act 1994 requires that I make a decision in relation to this complaint
CA-00006300-003 Complaint relating to Section 3 of Terms of Employment (Information) Act 1994
Based on the evidence presented at the hearing, I find that this complaint is well-founded in that the employer failed to provide a written statement outlining her Terms and Conditions of Employment within two months of her commencement of employment. I order the Respondent to pay to the Complainant compensation in the sum of €1,384 for breaches of Section 3(1) of the Terms of Employment (Information) Act 1994. This sum must be paid within 6 weeks of the date of this decision.
Dated: 17th May 2017
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