ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00011832
Parties:
| Complainant | Respondent |
Anonymised Parties | A Dental nurse | A Dental practice |
Complaint(s):
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-00015743-006 | 10/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00015743-007 | 10/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities Road Transport (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00015743-008 | 10/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00015743-009 | 10/11/2017 |
Date of Adjudication Hearing: 12/07/2018
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969 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).
Background:
The respondent employed the complainant as a dental nurse in the period from 22nd of February 2017 until the 31st of May 2017. She was paid €170 net and worked 2 days per week. The complainant made oral submission to the hearing. Complaints numbered CA-00015743-0007 and CA-00015743-008 are misconceived. |
Summary of Complainant’s Case:
CA-00015743-0006: The complainant submits that she did not receive written terms and conditions of employment in breach of s. 3 of the Act. CA-00015743-0009: The complainant submits that she was summarily dismissed in the absence of cause and without reason. There was no regard had to her rights in natural justice. |
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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA-00015743-0006: Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. I hereby require that the respondent pay the complainant €500 (say five hundred euro) for breach of s. 3 of the Act. CA-00015743-0007: The complaint is not well founded. CA-00015743-0008: The complaint is not well founded. CA-00015743-0009: Based on the uncontested evidence adduced at hearing I find that this was a wrongful dismissal. I recommend that the respondent pay the complainant €1,500 (say one thousand five hundred euro) by way of compensation and redress. |
Dated: 7th August 2018.
Workplace Relations Commission Adjudication Officer: Michael Hayes