ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011883
| Complainant | Respondent |
Anonymised Parties | Block layer | Building contractor |
Representatives | Richard Stapleton | None |
Complaint(s):
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-00015762-001 | 13/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00015762-002 | 13/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00015762-003 | 13/11/2017 |
Date of Adjudication Hearing: 19/07/2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
CA/00015762/001 – This compliant is under the Payment of Wages Act 1991. The Claimant stated that he was owed holiday pay, a week in lieu and notice pay. He gave evidence that he was dismissed without notice after sustaining an injury at work on the 23rd of June 2017. He broke his left ankle.
CA/00015762/002 – The Complainant’s case is that he did not receive a statement setting out the terms and conditions of his employment as required. Evidence as above was given by the Complainant.
CA/00015762/003 – This complaint was with withdrawn at the hearing of the case.
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Summary of Complainant’s Case:
CA/00015762/001 He was not paid a week’s wage for payment for a week in hand. This amounted to €500.00 gross. He did not receive his holiday pay and that he is entitled to twenty days which was equivalent to a payment of €2,000.00 gross. He didn’t receive any notice of the termination of his employment. He is entitled to one week’s notice. CA/00015762/002 He did not receive a written contract setting out his terms and conditions of employment. |
Summary of Respondent’s Case:
No attendance |
Findings and Conclusions:
CA/00015762/001 – I accept the Complainant’s evidence that he was not paid a week’s wage for payment for a week in hand. The amount of this is €500.00 and is taxable in the normal way.
The Complainant gave evidence that he was due twenty days or five weeks pay. He gave evidence that he didn’t receive what is normally considered builder’s holidays. I accept his evidence and award him the sum of €2,000.00 which is again payment of wages and taxable in the normal way.
The Claimant gave further evidence as regards how he didn’t receive any notice of the termination of his employment. He is entitled to one week’s notice and I award him the sum of €500.00 which again is taxable in the normal way.
CA/00015762/002 – Having listened to the Complainant’s evidence I accept that he did not receive a written contract setting out his terms and conditions of employment.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA/00015762/002 I award the Complainant wages of €3,000.00 which is taxable.
CA/00015762/002 - I award compensation of four weeks wages which is €2,000.00. This is compensation and not taxable.
CA/00015762/003 – This complaint was with withdrawn at the hearing of the case. |
Dated: 30th October 2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Wages, No contract |