ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010991
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A plastics manufacturing company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00014720-001 | 02/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00014720-002 | 02/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00014720-003 | 02/10/2017 |
Date of Adjudication Hearing: 12/03/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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).
Background:
The Complainant worked for the Respondent over a period of 6 weeks at the end of which he was informed that there was no longer work for him. He was owed wages, holiday pay and he did not receive a contract of employment in writing. |
Summary of Complainant’s Case:
1. He commenced work as a general operative for the Respondent on 12 June 2017 2. His employment ended on 21 July 2017 when the owner of the Respondent business informed the staff that the company would be ceasing to trade. 3. He was told by the Respondent initially that he would be paid any unpaid wages and holiday entitlements. 4. On 15 August 2017 he wrote to the Respondent requesting that he be paid for unpaid wages for 162 hours. The total amount owed to him under this heading was €1521.60 5. In the same letter he also claimed holiday pay for 2.3 days, however he accepted at the Adjudication hearing that he was only owed only 1.5 days which amounted to €111.00. 6. In the same letter he also requested that he be compensated for not having received an employment contract in writing, however he accepted at the Adjudication hearing that as he had only been working for the Respondent for 6 weeks, that his entitlement to an employment contract was not established by (after 2 months service) the time that his employment ended. 7. The Respondent failed to pay the Complainant and the Claimant issued proceedings to the WRC to recover the sums that were owing to him. 8. When the Respondent learned that the Complainant had issued a WRC complaint his son/ manager informed the Complainant that he would not now being receiving any monies that were owed to him |
Summary of Respondent’s Case:
No appearance by Respondent |
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.
Having been satisfied that the complaints were made within time and having been satisfied that the Respondent was properly on notice of the Adjudication hearing I proceeded to hear this complaint on an uncontested basis. Terms and Conditions of Employment (Information) Act 1994 CA – 00014720-001 As the Complainant did not work in excess of 2 months prior to the termination of his employment, the entitlement to written terms and conditions of employment did not arise. I do not find that this complaint to be well founded and it fails. Organisation of Working Time Act 1997 CA – 00014720-002 The Complainant has established that he was entitled to 1.5 hours of holiday pay based on his service. As this complaint is uncontested, I find it to be well founded and I award him the amount of €111.00 in respect of this complaint. Payment of Wages Act 1991 CA – 00014720-003 The Complainant has established that he was entitled to be paid for 162 hours of unpaid work; 152 of which is at the standard rate of €9.25 per hour, the remaining 10 hours being at an over-time rate of €11.56 per hour. As this complaint is uncontested, I find it to be well founded and I award him the amount of €1521.60 in respect of this complaint. The total award that I make in relation to these complaints are €1632.60. |
Dated: 21st June 2018
Workplace Relations Commission Adjudication Officer: Emile Daly
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