ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007849
Parties:
Anonymised Parties | Complainant | Respondent |
Complaint(s):
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-00010546-001 | 31/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010546-002 | 31/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010546-005 | 31/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00010546-006 | 31/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010546-007 | 31/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010546-008 | 31/03/2017 |
Date of Adjudication Hearing: 05/03/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
At the hearing the following was withdrawn;
CA-00010546-006, ---CA-00010546- 008
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the 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 dispute(s).
Payment of Wages Act 1991
Ca-10546-001
Background
The Claimant was employed by the respondent from the 5th April 2016 to the 13th December 2016 as Staff Nurse. She was paid €2664 gross (€2212 net per month) for working a 42.5-hour week. It was submitted that when she handed in her notice she was not paid her salary for November of €2500.
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 complaint to be well founded and I award the claimant the sum of €2500 gross.
CA-00010546-002
Payment of Wages Act 1991
The claimant submitted she handed in her notice in December 2016 as full-time Nurse. It was submitted that she worked her last shift on the 11th December 2016. She was due to be paid in January 2017 for her last 4 shifts in December 2016 she is owed €800 which was not paid .
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 complaint to be well founded and I award the claimant €800 gross
Organisation of Working Time Act 1997
Ca 000105546-005
Background
The claimant submitted that during her employment with the respondent she was paid only 3 days’ annual leave. It was stated she worked 892 hours as per her contract of employment. She is entitled to 8% for annual leave for hours worked which gives her 71 hours I total
The claimant submitted that she is owed €1313.50 gross.
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 complaint to be well-founded and I award the claimant 1313.50 gross.
In accordance with the ECJ ruling for breach of section 19 of the Organisation of Working Time Act 1977 act, I award the claimant €1000 in compensation.
Organisation of Working Time Act 1977
Ca-00010546-007
The claimant submitted that she was not paid for Public Holidays during her period of employment with the respondent.
It was submitted that she is owed 5 Public Holidays valued at €1110.00 gross.
Findings
The respondent did not attend.
Decision
Section 41 of the Workplace Relations Act 2015 requires that I decide 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 €1110.00 gross
For breach of the section 21 of the Organisation of Working Time Act 1977, I award the claimant €750 in compensation.
Dated: 19 April 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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