ADJ-00006174

ADJUDICATION OFFICER DECISION & RECOMMENDATION

Adjudication Reference: ADJ-00006174

Parties:

	Complainant	Respondent
Parties	A Chef	A Restaurant

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-00008465-001	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-002	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-003	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-004	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-005	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-006	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-007	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-008	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-009	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00008465-010	30/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00008465-011	30/11/2016

Date of Adjudication Hearing: 11/05/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 , Section 13 of the Industrial Relations Acts 1969 , Section 27 of the Organisation of Working Time Act, 1997 & Section 6 of the Payment of Wages Act, 1991 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).

1: Summary of Complainant’s Case:

As an aid to managing this case I have adopted a summary format following the structure of the Complaint above.
Act	Complaint/Dispute Reference No.	Summary of Complaint.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-001	No required breaks given by Respondent
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-002	No weekly rest breaks provided.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-003	Required to work more than 48 hours per week
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-004	Did not receive payment for holidays. CLAIM WITHDRAWN – HOLIDAYS PAID.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-005	No Sunday Premium paid.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-006	CLAIM WITHDRAWN / WAGES PAID
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-007	Unlawful deduction of €200 from wages on 27/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-008	Unlawful deduction of €400 from wages on 15th/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-009	CLAIM WITHDRAWN
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00008465-010	Unfair Dismissal.
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00008465-011	Dispute regarding meal allowances/quality of staff food.

2: Summary of Respondent’s Case:

The Respondent did not attend the hearing on the 11^th May 2017.

By correspondence dated the 27^th December 2016 the Respondent noted that all wages and holidays outstanding had been paid. (This is reflected in the “Claims Withdrawn” references above.)

All other elements of the claim were strongly refuted. The Respondent Restaurant has, according to the Respondent, now ceased trading and is closed down.

The Respondent indicated that they would take no part in any further correspondence regarding the case.

I was satisfied that the Respondents were satisfactorily notified of the case.

3: Findings and Conclusions:

As an aid to managing this case I have adopted a summary format following the structure of the Complaint above.
Act	Complaint/Dispute Reference No.	Summary of Complaint. ADJUDIACATOR Discussion and Conclusions
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-001	No required breaks given by Respondent. The only evidence was the uncontested assertions of the Complainant. As no great material detriment was evident or alleged I award under Section 27(3)(c) the compensation lump sum of €150 Euro
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-002	No weekly rest breaks provided. The only evidence was the uncontested assertions of the Complainant. As no great material detriment to the Complainant was evident or alleged I award under Section 27(3)(c) the compensation lump sum of €150 Euro
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-003	Required to work more than 48 hours per week The only evidence was the uncontested assertions of the Complainant. As no great material detriment to the Complainant was evident or alleged I award under Section 27(3)(c) the compensation lump sum of €150 Euro
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-004	Did not receive payment for holidays. CLAIM WITHDRAWN – HOLIDAYS PAID.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-005	No Sunday Premium paid. The only evidence was the uncontested assertions of the Complainant. As no great material detriment to the Complainant was evident or alleged I award under Section 27(3)(c) the compensation lump sum of €150 Euro
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-006	CLAIM WITHDRAWN / WAGES PAID
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-007	Unlawful deduction of €200 from wages on 27/10/2016 As the Complainant had withdrawn the main Wages complaint on receipt of his outstanding wages I deemed this claim to be also now without foundation. Claim is dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008465-008	Unlawful deduction of €400 from wages on 15th/10/2016 As the Complainant had withdrawn the main Wages complaint on receipt of his outstanding wages I deemed this claim to be also now without foundation. Claim is dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008465-009	CLAIM WITHDRAWN
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00008465-010	Unfair Dismissal. The only evidence was the uncontested assertions of the Complainant. I found these to be sincere. However as no great material detriment to the Complainant was evident or alleged I recommend under the Industrial Relations Act, 1969 a compensation lump sum of €1,000 to the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00008465-011	Dispute regarding meal allowances/quality of staff food. The only evidence was the uncontested assertions of the Complainant. I found these to be sincere. However the quality of staff meals, as a Condition of Employment, is not normally an issue under the Industrial Relations Act, 1969. I recommend that the sum of €50 be paid as Compensation to the Complainant under this heading.

4: Decision:

Section 41 of the Workplace Relations Act 2015, Section 13 of the Industrial Relations Acts 1969, Section 27 of the Organisation of Working Time Act, 1997 & Section 6 of the Payment of Wages Act, 1991 requires that I make a decision and recommendations in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

The Decisions are set out in Section 3 above in tabular format.

The question of the proper Taxation of the monetary awards made is a matter for consideration between the Parties and the Revenue Commissioners.

Dated: 30/8/17

Workplace Relations Commission Adjudication Officer: Michael McEntee

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