ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012768
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Manager | A Hotel Business |
Complaint(s):
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-00016915-001 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016915-003 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016915-005 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016915-006 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016915-007 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016915-009 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016915-010 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00016915-011 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00016915-012 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00016915-013 | 18/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00016915-014 | 18/01/2018 |
Date of Adjudication Hearing: 12/06/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
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 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 Complainant started working for the Respondent on 6 March 2017 as a general manager of a hotel and night club owned by the Respondent in a north midlands town. His employment ended ten months later, on 15 January 2018. His complaint is that for the duration of his employment, his statutory rights to; paid annual leave, rest breaks, premium payments for Sunday work and holiday pay were not observed by the Respondent. He also complains that his wages were reduced without agreement and that he was dismissed without notice or reason and in breach of accepted Industrial Relations practice. |
Summary of Complainant’s Case:
CA 00016915 – 001 [OWT] Between July 2017 and January 2018 the complainant worked 15 Sundays and did not receive a premium for doing so. CA 00016915 – 003: [Payment of Wages]: The agreed weekly salary was €600. From 18 November 2017 the Respondent started paying the Complainant a reduced rate. From then until the end of his employment, for five weeks it was €100 short and for two weeks it was €150 short. He was told that this would be reconciled at a later date but this never happened. The overall deductions amounted to €800.00 CA 00016915 – 005: (OWT) The Complainant was not paid for 8 days of annual leave over the period that he worked, the loss amounts to €960.00 CA 00016915 – 006: (OWT) This claim is for 5 unpaid Public Holidays all of which he worked. These were; New Year’s Day, Christmas Day, St. Stephens Day, October Bank Holiday and August Bank Holiday. The loss amounts to €600.00 CA 00016915 – 007: [Payment of Wages] This is for one week of minimum notice which was not paid when he was dismissed. The loss amounts to €600.00 CA 00016915 – 009; [OWT] This is a duplicate claim of the holiday complaint and is accordingly withdrawn CA 00016915 – 010; [OWT] This is a claim for excessive hours. The Complainant was expected to work until 2am after the night club shut and be at work at 8am the following morning. The hotel was understaffed and he had to fill many roles as well as his duties as a general manager. CA 00016915 – 011; [T&C] The Complainant did not receive written terms and conditions in accordance with his statutory rights CA 00016915 – 012: This is improperly brought and is withdrawn CA 00016915 – 013; [IR] This concerns the manner in which he was dismissed. When the Complainant asked the Respondent to pay him what he was owed, he was told to leave, which he did. There were no procedures followed or reasons given. CA 00016915 – 014; This is a duplicate complaint arising from the manner in which he was treated over the course of his ten months employment. As it covers ground already considered the Complainant withdrew this complaint at the hearing. |
Summary of Respondent’s Case:
The complaints raised were uncontested. There was no appearance by the Respondent |
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.
As there was no appearance by the Respondent at the hearing, the Adjudication Officer verified that the Respondent was notified of the hearing date and therefore was properly on notice of the hearing.
In respect of complaints CA 00016915 – 009, CA 00016915 – 012, CA 00016915 – 014, it is noted that these complaints were withdrawn at hearing.
The hearing of the other complaints then proceeded on an uncontested basis. As the Complainant fairly set out the different complaints and provided evidence pursuant to each complaint namely that he did not receive that which he was entitled under statute, I find that the below complaints are well founded and I make the following awards. In respect of each I set out the basis of the award:
CA 00016915 – 001: (OWT: Sunday premium payment) This award is based on the Complainant being paid time and a half in respect of 15 Sundays based on a normal daily wage of €120. Based on a time and a half calculation he was due to be paid an extra €60 for each Sunday worked. For fifteen Sundays I find that his loss was €900. Award: €900.00.
CA 00016915 – 003: (Payment of Wages – unfair deductions). This award is based on the Complainant having his wages deducted in the absence of any agreement to the value of € 800.00
Award: €800.00
CA 00016915 – 005: (OWT – annual leave) This award is based on the Complainant not having been paid holiday pay for 8 days which he was entitled to. The loss to the Complainant was €960.00
Award: €960.00
CA 00016915 – 006: (OWT – unpaid public holidays) This award is based on the Complainant not having been paid for 5 public holidays, the value of which is €600.00
Award: €600.00
CA 00016915 – 007: (Payment of Wages – unpaid minimum notice) This award is based on the Complainant being dismissed without 1 week of notice, the value of which is €600.00
Award: €600.00
CA 00016915 – 0010: (OWT – excessive hours/no rest periods) This award is based on the Complainant establishing that the Respondent required him to work excessive hours without sufficient rest periods. For this breach I award the Complainant the equivalent of 2 weeks salary.
Award: €1200.00
CA 00016915 – 0011: (T&C - No contract) This award is based on the Complainant not receiving terms and conditions of employment within the meaning of The Terms of Employment Information Act 1994. For this breach I award 2 weeks salary. Award: €1200.00
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA 00016915 – 013: As there was no fair procedures adopted by the Respondent in advance of and or including the dismissal I find that this complaint under the Industrial Relations Act 1969 is well founded and I recommend that the Complainant pay compensation to the value of 4 weeks salary. In doing so I take into account the effects that the non-payment of his pay in various forms had on the Complainant, in that he could no longer afford to pay rent on his living accommodation and he had to leave his house.
Recommended Compensation: €2400
Dated: 15th August 2018
Workplace Relations Commission Adjudication Officer: Emile Daly