Complainant

Respondent

Anonymised Parties

A Chef

A Public House

Representatives

John Fitzgerald JJ Fitzgerald & Co. Solicitors

Not present

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00010886-001

19/04/2017

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00010886-002

19/04/2017

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

CA-00010886-003

19/04/2017

The Complainant was employed from 20^th June 2016 to 15^th November 2016.   His complaint under the Unfair Dismissal Acts is that he could no longer work for the Respondent as he was required to work excessive hours with no kitchen help. He further contends that he received no written contract of employment and that while he gave notice to his employer he was replaced within two days, and that he paid a suppliers bill for €405 which was not reimbursed to him by the Respondent.

The Complainant was employed as a Chef by the Respondent.   Towards the end of his employment, he was required to work for up to 65 hours per week for €400.   He received no kitchen help, dishwasher or general assistance. He found the working conditions intolerable and handed in his two weeks notice on 15^th November 2016. On 17^th November 2016, he reported to work and found he had been replaced.   He never received a written statement of terms and conditions of employment contrary to Section 3 of the Terms of Employment (Information) Act 1994.   The Complainant also stated that he bought goods in the sum of €405 on behalf of the employment and was not reimbursed.

The Respondent did not attend the hearing.

CA-00010886-001 Terms of Employment

Section 3 of the Terms of Employment (Information) Act 1994 provides that an employer shall furnish an employee with written terms and conditions of employment within two months of commencement of the employee’s employment. Based on the uncontested evidence of the Complainant, I find his case to be well founded. I require the Respondent to pay to the Complainant the sum of €1,200 compensation.

CA-00010866-002 Industrial Relations Act 1969

The Complainant contends that he was ‘constructively dismissed’ from his employment. The term is contained in the definition as provided for in the Unfair Dismissals Act 1977. The definition of constructive dismissal is where an employee terminates his employment with or without notice in circumstances in which, because of the conduct of the employer, the employee would have been entitled to terminate his employment without giving prior notice. I have considered the evidence of the Complainant who stated that while he had three or more helpers in the kitchen at the start, this was reduced to no help at the latter part of his employment.     His uncontested evidence was that he was required to work from 9am to 9pm without help and he eventually resigned his employment stating that he could no longer tolerate the conditions.   The Respondent made no attempt to resolve the Complainant’s issues and replaced him within two days. I conclude that the behaviour of the Respondent in this case was such that the Complainant was entitled to resign and I uphold his complaint of unfair (constructive) dismissal.   I note the Complainant secured some employment after around two months.   I consider compensation to be the appropriate remedy as provided for in Section 7 of the Act. I require the Respondent to pay to the Complainant the sum of €3,200.