ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008906

Parties:

	Complainant	Respondent
Anonymised Parties	Plasterer	Plastering Company

Representatives

Marius Marosan Iosif Dasca

Complaints:

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-00011216-001	09/05/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00011216-003	09/05/2017

Date of Adjudication Hearing: 30/11/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant was employed as a Plasterer from 10th February 2017 to 11th April 2017. He was paid €140.00 per day. He has claimed that he is did not get a contract of employment and is owed wages and holiday pay.

1)Terms of Employment (Information) Act CA 11216-001

Summary of Complainant’s Case:

He stated that he did not get a written statement of his terms and conditions of employment. He is seeking compensation.

Summary of Respondent’s Case:

The Respondent did not attend and was not represented.

Findings and Conclusions:

Based on the uncontested evidence I find that the Claimant did not receive a written statement of his terms and conditions of employment.

Sec 3 (1) of this Act states,“ 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 has breached Sec 3 of this Act.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the Respondent has breached Sec 3 of this Act.

I require the Respondent to pay the Complainant compensation of €1,400 within six weeks of the date below.

2) Payment of Wages Act - CA 11216-003

Summary of Complainant’s Case:

1)Wages

He stated that he was due a total of €4,840 in wages for this employment. He received €2,660 leaving a balance due of €2,140

2)Holidays

He did not receive holidays or holiday pay at the end of this employment. He has claimed 8 % of all hours worked amounting to €4,840 X 8% = €387.20.

Summary of Respondent’s Case:

The Respondent did not attend and was not represented.

Findings and Conclusions:

Based on the uncontested evidence I find as follows:

1) Wages

I accept the uncontested evidence before this hearing.

I find that the Complainant is owed €2,180, not 2,140 as claimed, in unpaid wages.

2) Holidays

I accept the uncontested evidence before this hearing.

I find that the Complainant did not receive any holidays or holiday pay.

I find that he is owed €387.20.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the Respondent has breached Sec 5 of this Act.

I require the Respondent to pay the Complainant €2,567.20 (2,180 + 387.20) within six weeks of the date below.

Dated: 4th April 2018

Workplace Relations Commission Adjudication Officer: Eugene Hanly

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