ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005506
Complaints 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-00007677-001 | 17/10/2016 |
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-00007677-002 | 17/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00007677-004 | 17/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00007677-005 | 17/10/2016 |
Venue: WRC; Lansdowne House, Ballsbridge, Dublin 4.
Date of Adjudication Hearing: 06/02/2017
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 Plasterer from 25th May 2016 to 22nd June 2016. He was paid €16.00per hour and worked full time. He has claimed that he did not get a written contract of employment, his employer did not maintain records, he did not get paid his full ages and holiday pay and was not paid for a Public Holiday.
1) Terms of Employment (Information) Act CA 7677 – 001
Complainant’s Submission and Presentation:
The Complainant’s Representative stated that he did not get a written statement of his term and conditions of employment. He has sought compensation. |
Respondent’s Submission and Presentation:The Respondent did not attend and was not represented. FindingsI note that Sec 2 (1) (b) states This Act shall not apply to – employment in which the employee has been in the continuous service of the employer for less than one month”. I find that the Complainant had less than one month’s service and so there was no legal requirement to provide a written statement as per Sec 2 (1)(b) above.
|
|
Decision:Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. I haver decided that the Respondent has not breached Sec 3 of this Act and the complaint fails.
|
2) European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 CA 7677- 002
This complaint was withdrawn.
3) Payment of Wages Act CA 7677 - 004
Complainant’s Submission and Presentation:
1)Wages
The Complainant stated that he worked a total of 205.5 hours less breaks netted 184.5 hours X €16.00 = €2,952. He was to be paid €16.00 per hour. He received payments of €250 + €250 + €500 = €1,000. He was given a cheque for €997.60 but it was returned by the Bank, details supplied.
He is owed €1,952 in wages.
2) Holiday pay
The Complainant stated that he got no holiday pay at cessation of employment.
He worked 184.5 hours and was entitled to 8% of hours worked = 14.76 hours X €16.00 = €236.16.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
Based on the uncontested evidence I find that he is owed wages of €1,952 and holiday pay €236.16 as claimed above.
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 have decided that the Respondent has breached Sec 5 of this Act.
I require the Respondent to pay the Complainant a total of €2,188.16. This is to be paid within six weeks of the date below.
4) Organisation of Working Time Act CA 7677- 005
Complainant’s Submission and Presentation:
The Complainant stated that he did not get compensated for the June Public Holiday. He did not work that day but was not compensated. He has claimed 9.5 hours X €16 = €152.00.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
Based on the uncontested evidence before the hearing I find that the Complainant was not compensated for the Public Holiday.
I find that he was entitled to be compensated for the Public Holiday even though he did not work it as per Sec 21 of this Act.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the Respondent has breached Sec 21 of this Act.
I require the Respondent to pay the Complainant compensation €152.00 within six weeks of the date below.
Dated: 03/05/2017