ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015353
Parties:
| Complainant | Respondent |
Anonymised Parties | Head Chef | Accommodation &Food |
Representatives | Edmond Smith Independent Workers Union | none |
Complaint(s):
Act | Complaint/Dispute 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-00019985-001 | 25/06/2018 |
Date of Adjudication Hearing: 26/09/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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
The claimant commenced employment with the respondent on the 21st February 2011. He worked 40 hours per week and €330 was paid by direct debit into his bank account and he received an additional €220 cash on Saturday night from the respondent. The claimant was paid the sum of €1320 for his service when his employment ended however, the claimant disputed this amount and that he should have received an additional €880 in notice payment.
Findings
The respondent did not attend.
I find that based on the uncontested evidence the claimant was employed from the 21st February 2011 until the 5th February 2018.
I find the claimant was paid €550 net per week I find that based on the uncontested evidence the claimant did not received the proper notice payment when his employment ended and he was left short €880.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find based on the uncontested evidence the complaint to be well found and I award €880 net as notice payment.
Dated: 12th November, 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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