ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009137
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Interior Design Company |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00012003-001 | 20/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00012003-002 | 20/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00012003-003 | 20/06/2017 |
Date of Adjudication Hearing: 13/09/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other act as may be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
The Complainant herein has referred a matter for dispute resolution under Section 27 of the Organisation of Working Time Act, 1997 and Section 7 Terms of Employment (Information) Act, 1994 and the referral has been made within six months of the initial circumstances of the relevant dispute/contravention.
Summary of Complainant’s Case:
The complainant stated that when her employment ended her employer did not pay her the holiday pay that was due to her. She is due to be paid for 2.16 days which amounts to € 216.00. Furthermore, her employer failed to pay her for two bank holidays and for the 23rd December, 2016. She states that she is owed € 300.00. She was never furnished with a contract of employment.
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Summary of Respondent’s Case:
No Appearance. |
Findings and Conclusions:
Having made enquires I am satisfied that the respondent was on notice of today’s hearing. CA 12003-001 Organisation of Working Time Act, 1997 S19.—(1) Subject to the First Schedule (which contains transitional provisions in respect of the leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “annual leave”) equal to— (a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),
(b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or
(c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks):
Based on the uncontested evidence of the complainant I find that at the time her employment ended she was entitled to 2.16 days which amounts to €216.00 CA 12003-002 Terms of Employment ( Information) Act, 1994 “3.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment …….”
I find that the respondent failed to satisfy his legal obligation to furnish the complainant with a written statement setting out the details required by Section 3 a –m of the Act. I find in favour of the complainant in relation to this complaint and find that the appropriate award in all of the circumstances is four weeks wages which amounts to € 2,000.00.
CA 120903-003 Organisation of Working Time Act, 1997
21. —(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely— (a) a paid day off on that day,
(b) a paid day off within a month of that day,
(c) an additional day of annual leave,
(d) an additional day's pay:
Provided that if the day on which the public holiday falls is a day on which the employee would, apart from this subsection, be entitled to a paid day off this subsection shall have effect as if paragraph (a) were omitted therefrom.
I find that the complainant is entitled to be paid for the two public holidays, 25th and 26th December, 2016. The claim in relation to the 23rd December, 2016 comes under the jurisdiction of the Payment of Wages Act and therefore I do not have jurisdiction to adjudicate on that matter.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA 12003 -001
The complainant’s complaint succeeds. I award the complainant € 216.00
Ca 12003 – 001
The complainant’s complaint succeeds. I award the complainant € 2,000.00
CA 12003 -003.
The complainant’s complaint in relation to the two aforementioned public holidays succeeds. I award the complainant € 200.00
Dated: 6th October 2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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