Complainant

Respondent

Anonymised Parties

A Welder

An Industrial Supplier

Representatives

None    

None   

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00009075-001

13/01/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00009075-002

13/01/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00009075-003

13/01/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00009075-004

13/01/2017

The complainant was dismissed by the respondent on his return to work from honeymoon. He claims unfair dismissal as well as redress pursuant to the Organisation of Working Time Act, the Payment of Wages Act and the Minimum Notice and Terms of Employment Act.

The complainant commenced working for the respondent on the 20th June 2015. This came to an end on the 19th September 2016 after a period of 15 days’ annual leave, his honeymoon. On his return to work, the complainant was informed by email that there was no work for him. While this email refers to the complainant’s P45, this was only sent to him when he complained to Revenue. The complainant was also not paid for the 15 days’ annual leave.

The complainant outlined that over the course of his employment he was paid for 60 hours of annual leave. This was paid in December 2015 and he was paid €534.30. He stated that he was owed a further 69 hours of annual leave.

In respect of the Payment of Wages claim, the complainant said that he was owed €250 for a deduction made in relation to an application for an employment permit. A first application had been refused because the respondent had not advertised for the role and a second application was also refused. The permit application was refused in April 2016 and the monies refunded in October 2016. The complainant said that he needed to money for his wedding. A deduction of €1,000 was paid to his wage and €750 was repaid to him in October 2016. The amount of €250 was still owed to him.

The complainant said that after the end of this period of employment, he worked part-time and studied. After a period of six weeks, the complainant found work in a hotel. The complainant said that he had worked full-time with the respondent and worked 18 to 20 hours per week when at college.

In respect of the minimum notice claim, the complainant said that he is owed one week’s notice.

There was no appearance by or on behalf of the respondent.

CA-00009705-001

This complaint is made pursuant to the Unfair Dismissals Act. The complainant outlined that he returned from annual leave to be told that his employment was coming to an immediate end. He was told that there was no work for him. No evidence was tendered by or on behalf of the respondent. It follows that the complainant’s dismissal was substantively and procedurally unfair. The complainant found alternative full-time work after several weeks. Taking account of the complainant’s proactive attempts to mitigate his loss, I award the complainant redress of €4,000.

CA-00009705-002

This is a complaint made pursuant to the Organisation of Working Time Act in respect of annual leave not paid to the complainant. The complainant’s evidence has not been contradicted by the respondent. Taking account of the complainant’s evidence and that annual leave being a health and safety measure arising from EU law, I award the complainant redress of €1,500.

CA-00009705-003

This is a complaint is made pursuant to the Payment of Wages Act. While €1,000 was initially deducted from the complainant, €750 was refunded to him after six months. I find that the complaint is well founded and the complainant is entitled to recover redress of €500. This is an award made pursuant to section 6(1)(b) of the Payment of Wages Act, as amended.

CA-00009705-004

The complaint made pursuant to the Minimum Notice and Terms of Employment Act is well founded as the complainant did not receive one week’s notice of the end of his employment. I award redress of one week’s pay, an amount of €380.

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

CA-00009705-001

I find that the complaint made pursuant to the Unfair Dismissals Act is well founded and for the reasons set out above, the respondent shall pay to the complainant redress of €4,000.

CA-00009705-002

I find that the complaint made pursuant to the Organisation of Working Time Act is well founded and the respondent shall pay to the complainant redress of €1,500.

CA-00009705-003

I find that the complaint made pursuant to the Payment of Wages Act is well founded and pursuant to section 6(1)(b) of the Act, the respondent shall pay to the complainant redress of €500.

CA-00009705-004

I find that the complaint made pursuant to the Minimum Notice and Terms of Employment Act is well founded and the respondent shall pay to the complainant redress of €380.