ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011589

Parties:

Complaint(s):

Date of Adjudication Hearing: 03/04/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaints 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 complaints.

Background

The claimant commenced employment with the respondent on the 28th August 2016 as a cleaning operator. She worked 15 hours per week and she was paid €9.15 per hour. She worked in various locations as direct by the respondent. The claimant resigned her position on the 1st September 2017. The claimant stated she tried to contact the respondent by text and email on several occasions to seek clarifications on outstanding entitlements. The respondent failed to the respondent or pay the amount outstanding.

CA-00015865-001

Terms of Employment (Information) Act 1994

The claimant was not provided with a contract of employment in accordance with the section 3 of the act

3. — (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 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.

(2)          A statement shall be given to an employee under subsection (1) notwithstanding that the employee's employment ends before the end of the period within which the statement is required to be given.

(3            ) The particulars specified in paragraphs (g), (h), (i), (j), (k) and (l) of the said subsection (1), may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee's employment or which are reasonably accessible to the employee in some other way.

(4)          A statement furnished by an employer under subsection (1) shall be signed and dated by or on behalf of the employer.

(5)          A copy of the said statement shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.

(6)          (a) The Minister may by order require employers to give or cause to be given to employees within a specified time a statement in writing containing such particulars of the terms of their employment (other than those referred to in subsection (1)) as may be specified in the order and employers shall comply with the provisions of such an order.

(b) The Minister may by order amend or revoke an order under this subsection, including an order under this paragraph.

(7)          This section (other than subsection (6)) shall not apply or have effect as respects contracts of employment entered into before the commencement of this Act.

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) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the uncontested evidence I award the claimant €600 in compensation.

CA-00015865-002

Payment of Wages Act 1991

The claimant stated she was owed 67.68 hours x €9.15 for the week ending 27th August 2017, 3rd September 2017 and 4th September 2017 making a total of €679.7 net

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 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 €679.70 net

CA-00015865-003

The Organisation of Working Time Act 1997

The claimant stated that she worked balance of 38.53 holidays hours that the respondent did not pay her

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 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 €352.55 gross.

In accordance with ECJ for breach of the act, I am awarding the claimant €250 in compensation.

CA-00015865-004

Organisation Of Working Time Act 1997

The claimant stated that she a total of 40.6 hours in Public holidays that the respondent did not pay her

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 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 Edward the claimant €371.49 gross

For breach of section 19 of the act, I award the claimant €400 in compensation.

CA-00015865-005

The Organisation of Working Time Act 1997

The claimant stated she worked 63 Sundays hours at a flat rate

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 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 €200 in compensation.

Dated:   10th July 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: