ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006044
Parties:
| Complainant | Respondent |
Anonymised Parties | Chef | Food Business |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00008284-001 | 21/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008284-002 | 21/11/2016 |
Date of Adjudication Hearing: 14/02/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The claimant was employed as a Chef with the respondent from the 16th.Sept. 2016 to the 25th.Oct. 2016. He submitted that he had been paid sporadically while in the employment and was owed €1,921 in unpaid wages. He worked between 5 and 6 days per week. He further submitted that he received no paid holidays while working for the respondent and was owed €238.08 in holiday pay. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Payment of Wages Act 1991 – CA-00008284-001 On the basis of the uncontested evidence of the claimant , I find the complaint is well founded and I require the respondent to pay the claimant €1,921 compensation within 42 days of the date pf this decision. Organisation of Working Time Act 1997- CA-00008284-002 On the basis of the uncontested evidence of the claimant, I find the complaint to be well founded and require the respondent to pay the claimant €238.08 for monetary loss and €250 compensation for this breach of the Act. Payment to be made to the claimant within 42days of the date of this decision. |
Dated: 03 May 2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea