ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015250
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Restaurant |
Complaints:
Act | Complaint 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-00019731-001 | 12/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00019731-002 | 12/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00019731-003 | 12/06/2018 |
Date of Adjudication Hearing:12/09/2018
Workplace Relations Commission Adjudication Officer:Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant had been employed by the respondent from December 8th 2017 until June 2nd 2018 and he was paid €687.47 per week. |
Summary of Complainant’s Case:
The complainant needed confirmation of his employment status and also verification of earnings for the purpose of a mortgage application. This was at the request of his mortgage broker. He approached the respondent and when he requested this material his employment was terminated. He claims for outstanding annual leave, payment of minimum notice and for failure to provide him with the statutory statement under the Terms of Employment (Information) Act, 1994. |
Summary of Respondent’s Case:
The respondent says he gave the complainant verbal notice on May 1st or 2nd and also says that the complainant received his full entitlement to annual leave. |
Findings and Conclusions:
The complainant accepted at the hearing that he had received his annual leave entitlement and no claim was made for public holidays. He denies that he was given the notice claimed by the respondent and says that it was a reaction to his request for the documentation sought in connection with his mortgage application. The complainant gave credible evidence and I accept it on this point. The respondent could offer no proof of his claim to have given the complainant notice and such notice should have been in writing. The respondent did not deny that no statutory statement of Terms of Employment had been provided as is required within two months of commencement of employment. Accordingly, both of the latter two complaints succeed. |
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.
I uphold complaint CA-00019731-001 under the Minimum Notice & Terms of Employment Act, 1973 and award the complainant one week’s wages in the amount of €687.47. I do not uphold complaint CA-00019731-002 under the Organisation of Working Time Act, 1997 and it is dismissed. I uphold complaint CA-00019731-003 under the Terms of Employment (Information) Act, 1994 and award the complainant three weeks’ wages in the amount of €2062.41 |
Dated: 8th November, 2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Minimum Notice, Statutory statement of Terms of Employment |