ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012322
Parties:
| Complainant | Respondent |
Anonymised Parties | Apprentice electrician | Electrical contractor |
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-00013881-002 | 11/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00013881-003 | 11/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00013881-004 | 11/09/2017 |
Date of Adjudication Hearing: 27/03/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) 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.
Payment of Wages Act 1991
CA-00013881-002
Background:
The claimant submitted that he was employed as an apprentice electrician with the respondent in October 2016 and his employment terminated on the 21st April 2017. The claimant stated that he was paid €240 net working 40 hours per week. The claimant submitted that he was owed a week and half wages.
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 €360 net in wages.
Payment of Wages Act 1991
CA-00013881-003
Background:
The claimant submitted that he was employed as an apprentice electrician with the respondent in October 2016 and his employment terminated on the 21st April 2017. The claimant stated that he was paid €240 net working 40 hours per week.
The claimant stated that he was due an increase in pay from June 2017 in accordance with the Employment Regulation Order.
Findings:
The respondent did not attend.
I find that there is no employment regulation(REA) for the electrical trades order in force at the time.
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 evidence as presented I find the complaint is not well founded and falls.
Organisation of Working Time Act 1997
Ca-00013881-004
Background:
The claimant submitted that he was employed as an apprentice electrician with the respondent in October 2016 and his employment terminated on the 21st April 2017. The claimant stated that he was paid €240 net working 40 hours per week. The claimant stated that he received no holidays or holiday pay for the 6 months he was employed by the respondent.
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 award the claimant €480 in respect of holiday pay and in breach of section 19 of the act I award the claimant €400 in compensation.
Dated: 14th August 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell