ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004829

Complaint and Dispute for Resolution:

Date of Adjudication Hearing: 30/11/2016

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee/complainant of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

The Complainant herein has referred a matter for dispute resolution under Section 7 of the Terms of Employment (Information) Act, 1994 having regard the Respondent’s purported failure to provide the complainant with a written statement of the employment particulars as is the employer’s obligation pursuant to Section 3 of the 1994 Act.

The Complainant herein has additionally brought a claim under Section 13 of the Industrial Relations Act of 1969 wherein he has referred a trade dispute to the Adjudication Services for investigation.

 Complainant’s Submission and Presentation:

The Complainant gave evidence that he had been working for a long period of time as an Independent Contractor fitting and installing kitchens, floors and doors. He had developed a close working relationship with the Respondent company who recommended the Complainant’s work to customers purchasing their goods.

In July of 2016 the owner/manager of the Respondent company approached the Complainant with a view to engaging him full time to manage the shop and to fit installations for the Respondent company exclusively. The parties struck an agreement and the Complainant started working at the beginning of August 2016.

The relationship did not work out and issues arose relating to who was to blame over damaged goods. The Complainant terminated his employment in circumstances where the Respondent simply refused to pay the Complainant his wages owed to date. The employment only lasted four to six weeks. The Complainant did not receive his Contract of Employment but it is noted that an Employer must give the written statement within two months of the commencement of the Employment.

Respondent’s Submission and Presentation:

The Respondent, despite being on notice of the hearing, did not attend. No evidence was therefore offered to rebut the Complainant’s case

Decision:

On balance I find that there is merit in the Complainant’s case and that he had entered into a contractual relationship with the Respondent which created the Employer/Employee bond. The Complainant was effectively constructively dismissed by reason of the Respondent’s behaviour. The Complainant has less than 52 weeks employment. The Respondent had unreasonably withheld the Complainant’s remuneration and additionally behaved in a way so as to belittle and be begrudging of the Complainant. I recommend that the Respondent do pay the sum of €6,000.00 in compensation to the Complainant.

The Complainant’s claim under the Terms and conditions of Employment legislation fails in circumstances where no breach arose before the expiration of a two month period of employment.

Dated:   25/05/2017