Complainant

Respondent

Anonymised Parties

An Employee

A Coffee shop.

Representatives

Self

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00014060-001

20/09/2017

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

CA-00014060-002

20/09/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00014060-003

20/09/2017

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

CA-00014060-004

20/09/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00014060-005

20/09/2017

The complainant commenced working with the respondent on the 20.11.2016. It was agreed between the parties that the complainant would work between 30 -35 hours per week. The complainant stated that he needed all the hours he could get. The Respondent sent an e-mail to the complainant on the 19.10.2016 stating “I see the position as being a 5 days per week role, possibly Tuesday to Saturday with a shift from 7 or 8am-2 or 3pm so roughly 30 -35 hours per week. I will be offering an initial rate of 11 euros per hour.” Other than that e-mail, the complainant did not receive any further statement in writing setting out his term of employment.

Often when he was the only barista on the premises and if they were busy he would not get a break for his entire shift. If he was hungry, he would have to sneak a bite of a sandwich, when nobody was looking.

On the 15.09.2017 he was feeling very unwell and he text the respondent stating that he was unable to come into work. The respondent was away on holidays and didn’t get the message for some time. That meant that the shop wasn’t opened until approximately 10am. Later that day he text to ask how the complainant was and stated that if he needed another day off, he should just let him know. Then he noticed that he had been removed from the work Whatsapp group. That was followed by an e-mail stating “ you let us down badly on Saturday and we were under serious pressure because you didn’t come into work….” “ It is with regret that I have to inform you that we are letting you go with immediate effect.” The complainant had no warnings or disciplinary sanctions during his employment with the respondent.

The Respondent did not pay the complainant his notice. That was the last the complainant heard from him.

The respondent did not attend the Hearing.

CA-00014060-001 (Industrial Relations Acts 1969)

The complainant was given no prior notice of his dismissal. He had a good working history with the respondent, never having been given a warning or any other disciplinary sanction. There was no investigation into the matter. He was not asked for a doctor’s certificate to verify his illness. He was not asked for an explanation. He was not given a right of appeal.

I find that the respondent failed to adopt even the most basic of procedures and in doing so breached the principles of natural justice and fairness.

I find that the complainant’s case succeeds. I recommend that the complainant should pay to the complainant the sum of € 2,000.00 compensation.

CA 00014060 – 005 ( Minimum Notice & Terms of Employment Act, 1973.

I am satisfied based on the complainant’s oral and documentary evidence that he was not paid his notice period. Pursuant to Section 4 (2) (a) of the Act, the complainant is entitled to two weeks notice, amounting to €840.00.

CA 00014060 – 004 Section 7 Terms of Employment ( Information) Act, 1994

I am satisfied based on the complainant oral and documentary evidence that the only statement in writing he received in relation to his employment was the e-mail dated the 19.10.2016 which said e-mail does not meet the respondent’s statutory obligation pursuant to Section 3 of the Act. I award the complainant €840.00.

CA 00014060 – 003 (Organisation of Working Time Act, 1997)

I am satisfied based on the complainant uncontested oral evidence that he did not get his statutory breaks in line with Section 12 (1) and (2) of the Act.

According, I award the complainant the sum of € 1,000.00