ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007586

Parties:

Complaint(s):

Date of Adjudication Hearing: 25/10/2017

Note; This decision on the Unfair Dismissal should be read with ADJ 10163

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance Section 8 of the Unfair Dismissals Acts, 1977 - 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).

Unfair Dismissals Acts 1977-2015

CA-00010159-001

Background

The claimant was employed from the 7th December 2015 until the 9th October 2016 as Sous Chef. She worked 30 hours per week and she was paid €304.50 gross(299.98 net). The claimant was informed by the Tax office on the 8th March 2017 that her p45 was issued on the 9th October 2016. The claimant had been on maternity leave since the 12th September 2016 with the intent of taking unpaid maternity and her accrued holidays straight after, which had been agreed by her employers at the time. On the 31st January 2017 the claimant found out that the employer she worked for had a transfer of undertakings to the current respondent. It was submitted that both her previous employer and the current respondent had the same director and owner. The claimant submitted that she was not informed of the transfer and despite repeatedly trying to contact them she got no response

Findings

The complaint was received on the 10th October 2017

The respondent did not attend.

I find based on the evidence at the hearing the claimant was employed as Sous Chef, went on maternity leave on the 12th September 2016. I find that while on maternity leave the business changed names with the same director and owner. I find they failed to contact the claimant or issue her with her P45. I find that the claimant received no communication from any of her employers informing her of what was going on.

Recommendation

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I find based on the uncontested evidence the claimant was unfairly dismissed and I award her I award her €7500 in compensation..

Organisation of Working Time Act 1997

Ca-00010836-001

Background

The claimant was employed from the 7th December 2015 until the 9th October 2016 as Sous Chef. She worked 30 hours per week and she was paid €304.50 gross(299.98 net).

The claimant stated that she worked 161.75 hours on Sundays but was not compensated accordingly.

Findings

The respondent did not attend.

Section 14(1)

(1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely—

(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or

(b) by otherwise increasing the employee's rate of pay by such an amount as is reasonable having regard to all the circumstances, or

(c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or

(d) by a combination of two or more of the means referred to in the preceding paragraphs.

(2) Subsection (3) applies to an employee where the value or the minimum value of the compensation to be provided to him or she in respect of his or her being required to work on a Sunday is not specified by a collective agreement.

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 €500 for breach of the section.

Organisation of Working Time Act 1997

Ca-00010836-002

Background

The claimant was employed from the 7th December 2015 until the 9th October 2016 as Sous Chef. She worked 28.5 hours per week and she was paid €304.50 gross(299.98 net).

The claimant submitted that she was owed 8 Public Holidays @ 8 hours per day = 64 hours

Findings

I find that based on the uncontested evidence the claimant is owed 8 Public Holidays valued @€672

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 found and I award the claimant €672 as Public Holiday pay and €300 for breach of section 22 of the act.

Organisation of Working Time Act 1997

CA-00010836-003

Background

The claimant was employed from the 7th December 2015 until the 9th October 2016 as Sous Chef. She worked an average 28.5 hours per week and she was paid €304.50 gross(299.98 net).

The claimant stated she was owed a total 146.15 holidays hours

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 €1534.58 in respect of holiday pay and €600 as compensation for breach of the act.

Dated:   25 January 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell