ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012196
Parties:
| Complainant | Respondent |
Anonymised Parties | Painter | Painting Contractor |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00016137-001 | 05/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00016137-003 | 05/12/2017 |
Date of Adjudication Hearing: 12/02/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed as a Painter from 25th April 2017 to 12th August 2017. He was paid €630.00 gross and €500.00 net per week. He has claimed that he did not get minimum notice. |
Minimum Notice & Terms of Employment Act 1973 CA 16137-001/003
Summary of Complainant’s Case:
He stated that his employment was ended by text on 12th August 2017. He did not receive any notice or payment in lieu of notice. He had experienced difficulties with this employment and in getting paid his wages. He has claimed one week’s notice. |
Summary of Respondent’s Case:
The Respondent was not represented and did not attend this hearing. |
Findings and Conclusions:
I note correspondence on the file advising both parties of the venue, date and time of this hearing. I note that the Respondent did not attend and was not represented. Based on the uncontested evidence before this hearing find as follows: I note the difficulties with this employment relationship. I note that there were issues with the Respondent wanting to change the employment status to that of self-employed contractor but this was not agreed. I note difficulties for the Complainant in getting wages owed. I note that this employment was ended by text message on 12th August 2017. It stated “ I don’t need this. Collect your stuff on Monday” I accept the uncontested evidence before this hearing that no minimum notice or pay in lieu of notice was given. I find that he had worked for a period of 16 weeks and so has an entitlement under the Minimum Notice and Terms of Employment Act. I find that he is entitled to one weeks’ notice amounting to €630.00. |
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.
I have decided that the Respondent has breached the Minimum Notice and Terms of Employment Act.
I have decided that the Respondent should pay the Complainant €630.00.
I require the Respondent to make this payment within six weeks of the date of this decision below.
Dated: 23rd July 2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Minimum Notice |