ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007164

Parties:

 Complaint(s):

Date of Adjudication Hearing: 13/06/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, Section 13 of the Industrial Relations Acts 1969] 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).

CA -00009616-001

Unfair Dismissal

The claimant was employed by the respondent from the 19th January to the 26th November 2016. He was employed as Traffic Management Supervisor and he was paid €10 per hour. The claimant stated that he was required to work in excess of 48 hours per week. It was submitted that when he informed the respondent that he had become a member of a Trade Union in August it was submitted the respondent told him that if he did not leave the Union he would be dismissed. The claimant remained a member of the union and he was dismissed on the 26th November 2016.

Findings

The respondent did not attend.

Decision

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Based on the uncontested evidence I award the claimant €7000 in compensation

CA -00009616-002

Terms of Employment (Information) Act 1994

The claimant was employed by the respondent from the 19th January to the 26th November 2016. These varied from week to week. It was stated that he was not provided with a contract of employment in accordance with section 3 of the act.

Findings

The Respondent did not attend.

Section 3 states

(a) the full names of the employer and the employee,

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963 ),

(c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,

(d) the title of the job or nature of the work for which the employee is employed,

(e) the date of commencement of the employee's contract of employment,

(f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,

(g) the rate or method of calculation of the employee's remuneration,

(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

(i) any terms or conditions relating to hours of work (including overtime),

(j) any terms or conditions relating to paid leave (other than paid sick leave),

(k) any terms or conditions relating to—

(i) incapacity for work due to sickness or injury and paid sick leave, and

(ii) pensions and pension schemes,

(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

(m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

(2) A statement shall be given to an employee under subsection (1) notwithstanding that the employee's employment ends before the end of the period within which the statement is required to be given.

(3) The particulars specified in paragraphs (g), (h), (i), (j), (k) and (l) of the said subsection (1), may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee's employment or which are reasonably accessible to the employee in some other way.

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 well found and I award the claimant €1000 in compensation.

CA-00009616-003

Organisation of Working Time Act 1997

Hours of Work/Breaks

The claimant submitted that he did not get his daily rest breaks.

Findings

The respondent did not attend.

I find that having examined the time sheets submitted, the claimant did receive breaks on Monday, Tuesday and Wednesday, however, the time sheets do not indicate that rest breaks were given on other days of work such as Thursday or Friday.

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.

I find the complaint to be well founded and I award the claimant €750 in compensation.

CA-0009616-004

Organisation of Working Time Act 1997

Maximum number of Hours

The claimant submitted that he worked in excess of the maximum number of hours per week.

Findings

The respondent did not attend

I find that having examined the time sheet submitted by the claimant and in accordance with the signed sheets the number of weeks worked in excess of the maximum number of hours over the period was 2 weeks. I find the number of hours worked in the majority of the time sheets submitted was substantially less than the 48 hours per week.

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 evidence as submitted I find the complaint is not well founded and falls.

CA-00009616-005

Organisation of Working Time act 1997

Paid holiday/annual leave

The claimant submitted that he did not receive his annual holiday entitlement or public holiday payment.

Findings

I find that having examined the time sheets the claimant got paid for the 31st October Public Holiday. The time sheets also indicate that the claimant was also paid for holiday on the 16th, 17th and 18th November 2016. I find that while I do not have the total number of time sheets the claimant is owed payment for Public Holidays Patrick‘s day, Easter Monday, May, June and August Public Holiday’s. I find that having calculated the annual leave entitlement the claimant got paid for 3 days i.e. 24 hours based on the evidence as submitted the claimant is due 56 hours @ 10 per hour equals €560 in arrears of holiday pay.

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

In respect of Holiday pay €560 gross and €560 in compensation for break of the act

In respect of Public Holiday, I award the €300 gross and €300 in compensation for breach of the act.

Ca-0009616-006

Minimum Notice

Background

The claimant was employed by the respondent from the 19th January to the 26th November 2016.These varied from week to week. The stated that he was dismissed without due notice.

Findings

The respondent did not attend.

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 claimant is entitled to 1 weeks notice pay of €300.

CA -0009616-007

Organisation for working Act 1997

Working On Sundays

CA-00009616—0008

Background

The claimant was employed by the respondent from the 19th January to the 26th November 2016. He was employed as Traffic Management Supervisor and he was paid €10 hours per hour.

Findings

The respondent did not attend.

I find that having examined the 28 time sheets submitted by the claimant he worked on the 2nd September ’16 for 11 hours and on the 19th October for 30 minutes.

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 €100 in compensation.

Section 8   Industrial Relations Act

CA -00009616—008

Background

The claimant was employed by the respondent from the 19th January to the 26th November 2016. He was employed as Traffic Management Supervisor and he was paid €10 hours per hour.

Findings

The respondent did not turn you.

I find that the complaint under Unfair Dismissal, Section 28 of the Safety, Health & Work Act 2005 are in my view inter linked and I cannot grant redress under all.

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.

The complaint has already been addressed under other relevant legislation.

Section 28 of the Safety, Health & Work Act 2005

Ca-00009616--009

Background

The claimant was employed by the respondent from the 19th January to the 26th November 2016. He was employed as Traffic Management Supervisor and he was paid €10 hours per hour. The claimant stated that the respondent penalised him for making a complaint to the Health & Safety Authority.

Findings

The respondent did not attend.

I find that the complaint under Unfair Dismissal, Section 28 of the Safety, Health & Work Act 2005 are in my view inter linked and I cannot grant redress under all.

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 has already been addressed under other relevant legislation.

Dated:   12/10/17

Workplace Relations Commission Adjudication Officer: Jim O'Connell