ADJUDICATION OFFICER DECISION999

Adjudication Decision Reference: ADJ-00005527

Complaints for Resolution:

Date of Adjudication Hearing: 18/01/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

This matter comes before the Workplace Relations Commission (WRC) Adjudication Services on foot of a Workplace Relations Complaint Form dated the 20^th of October 2016 wherein a number of issues have been raised in connection with the employment relationship had between the Complainant and the Respondent Employer.

The Complainant has presented a complaint pursuant to Section 7 of the Terms of Employment (Information) Act, 1994 which said Act obliges an Employer to provide a written statement of certain particular terms within two months of the commencement of the employment.

The Complainant has additionally referred a complaint under Section 6 of the Payment of Wages Act of 1991 regarding the non-payment of certain remunerative entitlements which the Complainant says were due to her.

Lastly, the Workplace Relations Complaint Form alleges that the Respondent is in breach of the Unfair Dismissals legislation having regard to the manner in which this employment relationship came to an end. It is noted that the Complainant has the requisite period of service (52 weeks) to bring this claim under the Unfair Dismissals legislation.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 this matter has been referred to the Adjudicator Services by the Director General of the Workplace Relations Commission and in particular it has been referred so that this matter can be inquired into by the adjudicator and the parties be given an opportunity to be heard and to present evidence relevant to the complaint.

The Complaints have been made within the appropriate time limits.

Complainant’s Submission and Presentation:

There was no appearance by or on behalf of the Respondent herein and in the circumstances the Complainant gave an unchallenged account of her employment history. Whilst The Complainant’s evidence has not been formally rebutted by the Respondent or a representative on it’s behalf, I have made appropriate inquiries and am satisfied I have an honest account of what has passed between the parties.

The Complainant commenced her employment on the 1^st of December 2014 and has operated as a contract cleaner with the Respondent Company since that time. The Complainant worked an average of 20 hours per week and had been assigned cleaning duties in a Secondary school in Blackrock to which the Complainant journeyed every day from her home in Cabra.

The Complainant gave evidence that she never received a formal Contract of Employment and nor has she received any other document approximating to the written statement required by laws (under the Terms of Employment (Information) Act, 1994).

An issue concerning Holiday pay arose in the course of employment and the Complainant maintains that her Employment was unilaterally terminated by the Respondent as a result of her repeated questions concerning her entitlement to be paid annual leave. The Complainant stated that she was owed one week of Holiday pay.

The Employer/Respondent terminated this employment on the 2^nd of June 2016. No notice was given.

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.

Under Section 7 of the Terms of Employment (Information) Act of 1994 I find the Complainant’s complaint to be well founded and award the sum of €500.00 compensation.

Under Section 6 of the Payment of Wages Act 1991 I am satisfied that the Complainant’s complaints with respect to the Employer’s apparent refusal or non-payment (per section 5) of Notice and Leave are well founded in light of the broad definition of the term “wages” as defined in that Act and award the sum of €500.00 compensation.

Pursuant to Section 8(1B) of the Unfair Dismissals Act, 1977 (as amended) I find that the Complainant herein has been unfairly dismissed where her termination was without warning, without preamble and wholly unreasonable. The Complainant outlined some efforts have been made to find alternative employment without success. In all the circumstances I award the sum of €4,750.00 for the financial loss she has suffered and attributable to this dismissal.

Dated:   26/05/2017