ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005012

Complaint(s)/Dispute(s) for Resolution:

Act	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-00007102-004	19/09/2016
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00007102-005	19/09/2016

Date of Adjudication Hearing: 28/11/2016

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

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 complaints.

Complainant’s Submission and Presentation:

The Complainant was a waitress who started working for the Respondent on the 20^th of December 2015. Her employment ended with the Respondent on the 11^th of September 2016.

The Complainant withdrew case number CA7102/005 at the hearing. It was incorrectly lodged.

As regards complaint CA7102/04, the Complainant’s case was that she did not receive a statement in writing of her terms of employment.

The Complainant gave evidence as to the failure by the Respondent to provide her with written terms.

The Complainant was paid €300.00 per week gross.

The Complainant ceased working for the Respondent as the restaurant closed. The Respondent is still registered with the Companies Registration Office but strike off is pending.

Respondent’s Submission and Presentation:

No attendance or submission lodged for the Respondent.

Decision:

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

I find the case well founded and award the Complainant the sum of €1,000.00 for failure by the Respondent to provide her with a written contract of employment.

Dated: 3^rd May 2017