ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006860
Parties:
| Complainant | Respondent |
Anonymised Parties | Complainant | Respondent |
Representatives | Irish Nurses and Midwives Organisation | Did not attend |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00009490-001 | 27/01/2017 |
Date of Adjudication Hearing: 18/04/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969following 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).
Background:
The respondent employed the complainant as a nurse from 22nd of July 2013 until the 30th of July 2014. He was paid €1,657 per month and he worked 27.5 hours per week. The dispute concerns an alleged failure by the respondent to implement the terms of his contractual offer in accordance with the Green Card Employment Permit System. The parties were notified of the time, date and venue set for the hearing. |
Summary of Complainant’s Case:
The complainant submits that he accepted an offer of employment under the abovementioned scheme as set down by the Minister of Jobs, Enterprise and Innovation in good faith. The scheme stipulates that the minimum salary should be €30,000 per annum and it provides the legal basis for the influx of those with critical skills into the labour market. Additionally the scheme provides that the cost of the Permit (in this case €1,000) is the responsibility of the employer. The complainant’s brother was asked to pay the same in this case. The complainant is limited in the scheme to the specific employment. There was no mention of probationary period in the letter of offer or at any stage during the recruitment process. The respondent is legally obliged to pay in accordance with the rate specified on the permit, which was €702 per week in this case. Accordingly the complainant petitions for the application of the proper payment (he was paid €22,385.81 in total and should have received €36,504 leaving on outstanding balance of €14,118.19) together with the costs associated with his work permit and the adaption programme (total €2000) and a compensatory amount for the anxiety and injury caused. |
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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Based on the uncontested submission made by the complainant I hereby recommend payment of compensation by the respondent to him in the amount of €20,000 (say twenty thousand euro) being a just and equitable figure in the circumstances described. |
Dated: 16 November 2017
Workplace Relations Commission Adjudication Officer: Michael Hayes