ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009491
| Complainant | Respondent |
Anonymised Parties | A Worker | An Employer |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00011638-001 | 30/May/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00011638-002 | 30/May/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00011638-003 | 30/May/2017 |
Date of Adjudication Hearing: 16/Nov/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned Acts, 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).
Background:
The respondent employed the complainant as a manager in the period from June 2016 until the 29th of March 2017. He was paid €781.78 gross or €550 net per week. The parties made oral submission to the hearing and although they had agreed to compromise the proceedings between them the agreement to do so was not implemented in accordance with its terms. |
Summary of Complainant’s Case:
00011638-001: - The complainant submits that he was not paid his entitlement to statutory annual leave in the amount of €1,100 net, nor was he paid his entitlement to statutory minimum notice in the amount of €550 net or for his last three days of work in the amount of €330 net. 00011638-002: - The complainant submits that the respondent is in breach of s. 23 of the Act by failing to pay him his statutory annual leave entitlement on cessation of the employment. 00011638-003: - The complainant submits that he did not receive a written statement of his terms and conditions of employment in breach of s. 3 of the Act. |
Summary of Respondent’s Case:
00011638-001: - The respondent submits that the complainant was paid his full entitlements on cessation of the employment. 00011638-002: - The respondent submits that the complainant was responsible for the rosters. 00011638-003: - The respondent submits that written terms and of employment were sent on two occasions to the complainant. A generic unsigned copy of terms and conditions was produced at hearing which did not mention the complainant or anybody else by name. |
Decision:
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.
00011638-001: - I find that the complaint is well founded and hereby require that the respondent pay the complainant €1,980 (say nineteen hundred and eighty euro) net for breach of s. 5 of the Act. 00011638-002: - I find that the complaint is well founded and hereby require that the respondent pay the complainant €1,000 (say one thousand euro) in compensation for breach of s. 23 of the Act. 00011638-003: - I find that the complaint is well founded and hereby require that the respondent pay the complainant €1,100 (say eleven hundred euro) net for breach of s. 3 of the Act. |
Dated: 28th June 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes