ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009514
Parties:
| Complainant | Respondent |
Parties | Restaurant worker | Restaurant |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00012454-001 | 13/07/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00012454-002 | 13/07/2017 |
Date of Adjudication Hearing: 25/09/2017
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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).
Minimum Notice & Terms of Employment Act 1973
CA-00012454-001
Background
The claimant worked for the respondent from the 20th December 2016 until the 10th June 2017. She was paid €9.50 per hour working an average of 10/15hours per week. The claimant stated that she was dismissed on the 10th June with no notice.
Findings
The respondent did not attend.
Decision
Based on the uncontested evidence I find the complaint to be well founded and she is entitled to 1 weeks pay of €110 as notice payment.
Organisation of Working Time Act 1997
CA-00012454-002
The claimant worked for the respondent from the 20th December ‘16 to the 10th June 2017. She stated that she did not receive any holidays or holiday pay for the period of her employment.
She stated she received a bonus payment of €22 euros in her final pay slip.
Findings
I find that based on the p45 the claimant worked for 22 weeks and her gross pay was €2456.96. I find that based on the hourly rate of €9.50 the claimant worked 258.627 hours I find that based on 8% for each 100 hours worked the claimant is entitled to 20.69 hours @ €9.50 per hour=€196.56 gross.
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.
Based on the uncontested evidence I find the complaint to be well founded and I award the claimant the sum of €196.56 in respect of holiday pay and for breach of the act I award €600 in compensation.
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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