ADJ-00010610

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00010610

Parties:

Complaint(s):

Date of Adjudication Hearing: 23/11/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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).

Terms of Employment (Information) Act 1994

CA-000014024-002

The claimant was employed by the respondent from the 22nd May to the 22nd July 2017 as a van driver. It was stated that he was paid a monthly wage of €2200 gross (€2000.05 net)

It was submitted that the claimant was not provided with a contract of employment in accordance with the Terms of Employment (Information) Act 1994

Findings

The respondent did not attend. 

Section 3 of the Act states 

.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment, that is to say— 

(a) the full names of the employer and the employee, 

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963), 

(c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places, 

(d) the title of the job or nature of the work for which the employee is employed, 

(e) the date of commencement of the employee's contract of employment, 

(f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires, 

(g) the rate or method of calculation of the employee's remuneration, 

(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval, 

(i) any terms or conditions relating to hours of work (including overtime), 

(j) any terms or conditions relating to paid leave (other than paid sick leave), 

(k) any terms or conditions relating to— 

(i) incapacity for work due to sickness or injury and paid sick leave, and 

(ii) pensions and pension schemes, 

(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice, 

(m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

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 and in line with the spirit of the Act I find the complaint to be well founded and I award the claimant €800 in compensation

Payment of Wages Act 1991

CA-00014024-001

Background

The claimant was employed by the respondent from the 22nd May to the 22nd July 2017 as a van driver. It was stated that he was paid a monthly wage of €2200 gross (€2000.05 net)

It was submitted on behalf of the claimant that he is owed a sum of 1500.03 (net) in respect of 3 weeks’ pay for hours worked that the respondent did not pay him

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 claimant the sum of €1500.03 net

Dated:   16 February 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell