Complainant

Respondent

Anonymised Parties

Chef

An Employer

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint    seeking adjudication by the Workplace Relations Commission under section 27    of the Organisation of Working Time Act, 1997

CA-00007501-001

07/10/2016

Complaint    seeking adjudication by the Workplace Relations Commission under section 6    of the Payment of Wages Act, 1991

CA-00007501-002

07/10/2016

Complaint    seeking adjudication by the Workplace Relations Commission under section 7    of the Terms of Employment (Information) Act, 1994

CA-00007501-004

07/10/2016

Complaint    seeking adjudication by the Workplace Relations Commission under section 13    of the Industrial Relations Act, 1969

CA-00007501-005

07/10/2016

Complaint    seeking adjudication by the Workplace Relations Commission under section 27    of the Organisation of Working Time Act, 1997

CA-00007501-006

07/10/2016

Complaint    seeking adjudication by the Workplace Relations Commission under section 27    of the Organisation of Working Time Act, 1997

CA-00007501-007

07/10/2016

The Complainant was employed as a chef from the 26^th   of July 2016 to the 9^th of September 2016. He alleges that the   Respondent breached Section 27 of the Organisation of Working Time Act, 1997,   Section 6 of the Payment of Wages Act, 1991, Section 7 of the Terms of   Employment (Information) Act, 1994 and Section 13 of the Industrial Relations   Act, 1969. He filed a complaint with the Workplace Relations Commission on   the 7^th of October 2016.

Complaint 1 Ref.   No. CA-00007501-001 Re: Annual Leave Entitlements

The Complainant stated that he did not receive his annual   leave entitlements on the termination of his employment, contrary to Section   19 and 20 of the Organisation of Working Time Act, 1997. He worked for a   total of 243.5 hours and is therefore entitled to 19.44 hours in annual leave   entitlements. Therefore, the Respondent is due to pay him €218.70.

Complaint 2 Ref.   No. CA-00007501-002 Re: Minimum Notice Entitlements

The Complainant stated that he did not receive his minimum   notice entitlements on the termination of his employment, contrary to Section   5 of the Payment of Wages Act, 1991. He is entitled to one week’s pay.

Complaint 3 Ref.   No. CA-00007501-004 Re: Terms of Employment (Information) Act

The Complainant stated that he did not receive a Contract   of Employment within two months of his commencement contrary to Section 3 of   the Terms of Employment (Information) Act, 1994.

Complaint 4 Ref. No. CA-00007501-005 Re: Breach of   Section 13 of the Industrial Relations Act, 1969.

The Complainant stated that on several occasions the   Respondent verbally insulted him regarding his work in front of other staff.   He was bullied by the Respondent.

Complaint 5 Ref.   No. CA-00007501-006 Re: Breaches of Section 12 (1)/(2) of the Organisation of   Working Time Act, 1997.

The complainant stated that he did not get breaks during   the course of the day. He worked 9 hours per day without breaks, contrary to   Section 12 of the Organisation of Working Time Act,1997.

Complaint 6 Ref.   No. CA-00007501-007 Re: Section 15(1) of the Organisation of Working Time   Act, 1997.

The Complainant stated that at times he was required to   work after 6pm. On occasions, he was also required to attend work early and   could be called into work on a Saturday to help with a function for which he   did not get paid. These actions resulted in a breach of Section 15(1) of the   Organisation of Working Time Act, 1997.

Complaint 1 Ref.   No. CA-00007501-001 Re: Annual Leave Entitlements

The Respondent accepts that the Complainant did not   receive his holiday entitlements in accordance with the requirements of the   legislation.

Complaint 2 Ref.   No. CA-00007501-002 Re: Minimum Notice Entitlements

The Respondent stated that the Complainant walked off the   job on the 8^th of September, 2016 at 5pm. The Respondent received   a letter dated the 9^th of September 2016 from the Complainant   which de facto was a letter of resignation. The Complainant is not entitled   to minimum notice entitlements because he resigned from his position without   giving the Respondent the appropriate notice.

Complaint 3 Ref.   No. CA-00007501-004 Re: Terms of Employment (Information) Act

The Respondent stated that Section 3 of the Act allows for   a period of 8 weeks in which to provide a written statement outlining the   Complainant’s Terms and Conditions of Employment. The Complainant resigned   from his employment before the 8 week period had expired. Therefore, he has   no claim under Section 3 of the 1994 Act.

Complaint 4 Ref.   No. CA-00007501-005 Re: Breach of Section 13 of the Industrial Relations Act,   1969.

The Complainant alleges that he was bullied in the   Workplace. The Respondent had a short meeting with the Complainant on the 8^th   of September 2016 regarding issues relating to food preparation. At the end   of this meeting, the Complainant advised the Respondent that he was going to   make a formal complaint against her for bullying and harassment. She advised   him that he should make his formal complaint to Mr. E. McG. The following   day-the 9^th of September 2016, the Complainant resigned from his   employment. No formal complaint was received by the Respondent in relation to   allegations of bullying and harassment.

Complaint 5 Ref.   No. CA-00007501-006 Re: Breaches of Section 12 (1)/(2) of the Organisation of   Working Time Act, 1997.

The Complainant alleges that he did not get rest breaks   during the course of the day while at work. The Respondent denies that this   was the case. The Respondent accepts that there are no records in place to   show the rest breaks that the Complainant received.

Complaint 6 Ref.   No. CA-00007501-007 Re: Section 15(1) of the Organisation of Working Time   Act, 1997.

The Complainant alleges that he was required to work more   than the maximum permitted number of hours contrary to Section 15(1) of the   Organisation of Working Time Act, 1997. The Respondent denies that this was   the case. The Respondent accepts that there are no records in place to show   the maximum hours that the Complainant worked each day.

Complaint 1 Ref.   No. CA-00007501-001 Re: Annual Leave Entitlements

Based on the evidence presented at the hearing, I find   that this complaint is well-founded. The Respondent failed to pay the   Complainant his annual leave entitlements in the sum of €218.70.

Complaint 2 Ref.   No. CA-00007501-002 Re: Minimum Notice Entitlements

Based on the evidence presented at the hearing, I find   that this complaint is not well-founded. The Complainant resigned from his   position by letter on the 9^th of September 2016. The Complainant   did not offer to work his notice.

Complaint 3 Ref.   No. CA-00007501-004 Re: Terms of Employment (Information) Act

Based on the evidence presented at the hearing, I find   that this dispute is not well-founded. The Respondent had an 8 week window in   which to issue the Complainant with a contract of employment in line with   Section 3 of the 1994 Act. I recommend that the Respondent now issue to the   complainant a written statement outlining his terms and conditions of   employment in line with Section 3 of the 1994 Act.

Complaint 4 Ref.   No. CA-00007501-005 Re: Breach of Section 13 of the Industrial Relations Act,   1969.

Based on the evidence presented at the hearing, I find   that this dispute is not well-founded. The Complainant failed to forward   written details of the alleged bullying that he maintains he experienced in the   workplace. He was advised by the Respondent on the 8^th of   September 2016, that he should forward his complaint in writing to Mr.   E.McG. He failed to do this.

Complaint 5 Ref.   No. CA-00007501-006 Re: Breaches of Section 12 (1)/(2) of the Organisation of   Working Time Act, 1997.

Based on the evidence presented at the hearing, I find   that this complaint is well-founded. The Respondent failed to keep any   records in relation to breaks that the Complainant received. Therefore, the   Complainant is in breach of Section 12 of the 1997 Act.

Complaint 6 Ref.   No. CA-00007501-007 Re: Section 15(1) of the Organisation of Working Time   Act, 1997.

Based on the evidence presented at the hearing, I find   that this complaint is not well-founded. There is no evidence that the   Complainant was required to work an average period of 48 hours per week over   a 4-month period.