ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009877
Parties:
| Complainant | Respondent |
Anonymised Parties | Cabinet Maker | Kitchen Designer |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00012957-001 | 03/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00012957-002 | 03/08/2017 |
Date of Adjudication Hearing: 09/01/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea
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).
At the hearing the claimant raised a number of complaints regarding late payment of wages , non payment of overtime , layoff and general industrial relations concerns – the complaint form however specifically addressed the following 2 complaints .
Summary of Complainant’s Case:
The claimant has been employed as a Cabinet Maker with the respondent since July 2016 and left his employment in September 2017.He submitted the respondent was in breach of the Terms of Employment (Information ) Act 1994 for failing to furnish him with written terms and conditions of employment.He submitted the respondent was in breach of the Organisation of Working Time Act 1997 for failing to pay him holiday pay in advance of taking his annual leave.He asserted that he had complained to the respondent on a number of occasions about these grievances and the respondent’s reply was that if he did not like the arrangements he could go elsewhere. |
Summary of Respondent’s Case:
The respondent submitted that the terms and conditions of employment were outlined to all staff at a staff day on the 9th.Jan. 2017.He set out a chronology of his exchanges with the claimant in relation to calculation and payment of annual leave and submitted that the claimant’s annual leave was paid up to date. |
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.
Terms of Employment (Information)Act 1994
Having reviewed the evidence presented at the hearing , I have concluded that the respondent failed to comply with the provisions of Section 3 of the Act and accordingly I am upholding the complaint.I require the respondent to pay the claimant €1,750 compensation within 4 weeks of the date of this decision.
Organisation of Working Time Act 1997
Having reviewed the evidence presented at the hearing , I am satisfied that the claimant was not paid his annual leave in advance of taking his holidays and accordingly I uphold the complaint of a breach of Section 20.I require the respondent to pay the claimant €1,000 compensation within 4 weeks of the date of this decision.
Dated: 23.5.18
Workplace Relations Commission Adjudication Officer: Emer O'Shea