ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008572
Complaints:
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-00011220-001 | 09/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011220-002 | 09/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011220-003 | 09/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011220-004 | 09/05/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 |
CA-00011220-005 | 09/05/2017 |
Date of Adjudication Hearing: 29/08/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed with the Respondent from 10th April 2017 until the employment terminated on 29th April 2017. The Complainant was paid €40,000.00 per annum and he worked 40 hours a week. The Complainant referred complaints to the Workplace Relations Commission on 9th May 2017 –under the Minimum Notice and Terms of Employment Act, 1973 in relation to payment of minimum notice on termination of the employment – a complaint under the Payment of Wages Act, 1991 – 2015 again in relation to payment of minimum notice on termination of the employment – complaints under the Organisation of Working Time Act, 1997 – 2015 in relation to his annual leave entitlements under Section 23 and a second complaint in relation to payment for the Public Holidays of 17th April 2017. The complaint under the Minimum Notice and Terms of Employment Act, 1973 was withdrawn at the Hearing as was the complaint in relation to payment of accrued annual leave on termination of the employment under Section 23 of the Organisation of Working Time Act, 1977 – 2015. |
Summary of Complainant’s Case:
Payment of Wages At, 1991 – 2015. The Complainant stated that his Employer had terminated the Contract of Employment on 29th April 2017 without notice of one week as provided for in the Contract of Employment. Organisation of Working Time Act, 1977 – 2015. The Complainant stated that he had been paid his accrued annual leave on termination of his employment. The Complainant stated that he had not been paid for the Public Holiday of 17th April 2017. |
Summary of Respondent’s Case:
Payment of Wages Act, 1991 – 2015. The Respondent confirmed that the Contract of Employment provided to the Complainant did provide for the payment of one week’s notice on termination of the employment and the Respondent confirmed that the Complainant had not been afforded one week’s notice of the termination. Organisation of Working Time Act, 1997 – 2015. The Respondent provided payslips to the Hearing which show that the Complainant was paid all his accrued annual leave on termination of the employment. The payslips also show that the Complainant was paid for the May Public Holiday and the Respondent confirmed that the Complainant had not been paid for the Public Holiday of 17th April 2017. |
Findings and Conclusions:
PAYMENT OF WAGES ACT, 1991 – 2015. Both Parties confirmed at the Hearing that the Complainant had been provided with a written statement of his Terms and Conditions of Employment and that in the event of termination of the employment he was to be given one week’s notice of termination of the employment. Both Parties confirmed that the Respondent had terminated the employment and that the Complainant had not been given one week’s notice of the termination. |
ORGANISATION OF WORKING TIME ACT,, 1997 – 2015. Both Parties confirmed that the Complainant had been paid his accrued annual leave on termination of the employment. Both Parties also confirmed that the Complainant had not received his Public Holiday entitlement for 17th April 2017 – Easter Monday.
DECISION
Section 41 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.
PAYMENT OF WAGES ACT, 1991 – 2015 – CA-00011220-001. I DECLARE THIS COMPLAINT IS WELL FOUNDED. The Complainant is entitled to payment of one week’s notice, as per his Contract of Employment, on termination of the employment. I direct the Respondent to pay the Complainant €769.00, subject to any lawful deductions, within 42 days of the date of this Decision
ORGANISATION OF WORKING TIME ACT, 1997 – 2015. CA-00011220-003. On the basis of the evidence I declare this complaint is well founded. I direct the Respondent to pay the Complainant €153.80, subject to any lawful deductions, in respect of the Public Holiday of 17th April 2017, with 42 days of the date of this Decision
Dated: 18/10/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Payment of Wages Act – Notice on termination in accordance with the Contract of Employment Organisation of Working Time Act, 1997 – 2015 – Payment of a Public Holiday. |