Complainant

Respondent

Anonymised Parties

Welder

Engineering Company

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-00011556-001

24/05/2017

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

CA-00011556-002

24/05/2017

The Complainant was employed with the Respondent Company from 2nd June 2015 until he terminated the employment on 21st April 2017. He was paid €10.50 an hour. The Complainant referred complaints to the Workplace Relations Commission on 24th May 2017 alleging the Respondent had breached Section 3 of the Terms of Employment (Information) Act, 1994 – 2015 in that he had not been provided with a written statement of her Terms and Conditions of Employment, and a second complaint under the Organisation of Working Time Act, 1997 – 2015 that the Respondent had breached Section 15 of the Act.

Terms of Employment (Information) Act, 1994 – 2015. The Complainant stated that he had never been provided with a written statement of his Terms and Conditions of Employment during the course of his employment from June 2015.

Organisation of Working Time Act, 1997 – 2015. The Complainant stated that during the course of his employment from June 2015 he was required to work in excess of 48 hours a week. The Complainant provided a spreadsheet for the years 2015 – 2016 and 2017 which he alleged showed he worked in excess of 48 hours a week during his employment with the Respondent.

Terms of Employment (Information) Act, 1994 – 2015. The Respondent stated that it is standard practice to supply all new employees with a written contract of employment and a Copy of the Company Handbook. However, the Respondent confirmed to the Hearing that they did not have a signed and dated Contract issued to the Complainant.

Organisation of Working Time Act, 1997 – 2015. The Respondent stated that employees are required to be in attendance in the factory for 47.5 hours a week. Employees take half an hour for lunch, which is unpaid, plus two breaks of 10 minutes in the mornings and 15 minutes in the afternoon, which are paid. This gives a total of 42.5 hours working time in a standard week. All hours over 39 hours a week are paid at the overtime rate of time plus a half. The Respondent also referenced Section 15 of the Act in relation to the time period to be considered by the Adjudication Officer. In the 4 months, as per Section 15 of the Act, the Respondent provided a spreadsheet from week 51 of the 2016 year up to week 16 of the 2017 year when the Complainant tendered his resignation. This shows that the Complainant worked on average 46.41 hours per week, which complies with Section 15 of the Act. The Complainant was also on annual leave on 28th/29th and 30th December 2016 and 18th/19th/20th and 21st April 2017.

Terms of Employment (Information) Act, 1994 – 2015.

Section 41(6) of the Workplace Relations Act, 2015 provides as follows – “Subject to subsection (8), and Adjudication Officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates”. Section 41 (8) does allow for an extension of time by a further 6 months due to “reasonable cause”. This complaint was referred to the WRC on 24th May 2017. The employment commenced on 2nd June 2015 and there is a requirement on the Respondent to provide an employee with a written statement of their Terms and Conditions of Employment within a period of two months from the commencement of the employment – Section 3(1) of the Act of 1994 applies.

I find I do not have jurisdiction to hear this complaint as the complaint was not submitted within the period of 6 months after 1st August 2015 and therefore does not comply with Section 41(6) of the Workplace Relations Act, 2015.

Organisation of Working Time Act, 1997 – 2015.

This complaint was lodged with the WRC on 24th May 2017 alleging a breach of Section 15 of the Organisation of Working Time Act, 1997 – 2015. Section 15 of the Act provides as follows – “(1) An Employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period (hereafter in this section referred to as a “reference period”) that does not exceed – (a) 4 months”.

Section 15(4) of the Act provides that a “reference period” shall not include “(a) any period of annual leave granted to the employee concerned granted in accordance with this Act”. Both Parties confirmed that the Complainant was on annual leave 28th/29th and 30th December 2016 and again on 18th, 19th, 20th and 21st April 2017 when the Complainant terminated the employment. I have examined in detail the spreadsheets of hours worked and paid in the reference period of 4 months from 22nd December 2016 to 21st April 2017. This shows as follows –there were 114 days worked in this reference period (excluding annual leave days). The Complainant worked a total of 755.79 hours which shows the Complainant worked on average 46.41 hours in each period of 7 days as provided at Section 15(1) of the Act. Both Parties confirmed to the Hearing that the Complainant was provided with a lunch break of 25 minutes each day worked which is not paid. I find there is no breach of Section 15 of the Act.

Terms of Employment (Information) Act, 1994 – 2015 CA-00011556-002

In accordance with Section 7 of the Terms of Employment (Information) Act, 1973 – 2015 and in view of my Findings above I declare I do not have jurisdiction to hear this complaint as it does not comply with Section 41(6) of the Workplace Relations Act, 2015

Organisation of Working Time Act, 1997 – 2015 CA-00011556-001

In accordance with Section 41(5) of the Workplace Relations Act, 2015 and in view of my findings above I declare this complaint of a breach of Section 15 of the Act is not well founded.

Terms of Employment (Information) Act, 1994 – 2015 – Complaint does not comply with Section 41(6) of the Workplace Relations Act, 2015

Organisation of Working Time Act, 1997 – 2015 – Section 15 – no breach of Act found.