ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012866
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Transport |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00016941-001 | 19/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00016941-002 | 19/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016941-003 | 19/01/2018 |
Date of Adjudication Hearing: 18/07/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 Section 13 of the Industrial Relations Acts 1969] 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).
CAS00016941-001
Industrial Relations Act 1969
Background
The claimant was employed by the respondent from the 31st October 2017 to the 4th January 2018. The claimant stated that he was to earn €32000 per year. The claimant submitted that series of payments equal to €450 per week was given to him by the respondent which was not in keeping with the commitment given by the respondent to him.
The claimant stated that he was repeatedly left short in wages and while he had returned from Canada he had submitted his tax certificate to the respondent.
The claimant submitted that he could not afford to continue to work for the respondent and his position was untenable and he had to leave.
Findings
The respondent did not attend
I find that the claimant raised many serious issues about his wages. I find that his level of service to be extremely short and taking that into account I am making the following
Recommendation
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I award the claimant €1000 in compensation.
CAS-00016941-002
Terms of Employment (Information) act 1994
The claimant was employed by the respondent from the 31st October 2017 to the 4th January 2018. The claimant stated that he was to earn €32000 per year. It was submitted that he was not provided with a contract of employment in accordance with section 3 of the act.
Findings;
The respondent did not attend.
3.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment, that is to say—
(a) the full names of the employer and the employee,
(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963 ),
(c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,
(d) the title of the job or nature of the work for which the employee is employed,
(e) the date of commencement of the employee's contract of employment,
(f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,
(g) the rate or method of calculation of the employee's remuneration,
(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,
(i) any terms or conditions relating to hours of work (including overtime),
(j) any terms or conditions relating to paid leave (other than paid sick leave),
(k) any terms or conditions relating to—
(i) incapacity for work due to sickness or injury and paid sick leave, and
(ii) pensions and pension schemes,
(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,
(m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.
(2) A statement shall be given to an employee under subsection (1) notwithstanding that the employee's employment ends before the end of the period within which the statement is required to be given.
(3) The particulars specified in paragraphs (g), (h), (i), (j), (k) and (l) of the said subsection (1), may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee's employment or which are reasonably accessible to the employee in some other way.
(4) A statement furnished by an employer under subsection (1) shall be signed and dated by or on behalf of the employer.
(5) A copy of the said statement shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.
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.
I find the claimant was employed for 10 weeks.
I find the complaint to be well-founded and I award the claimant €100 in compensation.
Payment of Wages Act 1991
CA-16941-003
Background
The claimant was employed by the respondent from the 31st October 2017 to the 4th January 2018. The claimant stated that he was to earn €32000 per year. The claimant submitted that series of payment equal to €450 per week which was not in keeping with the commitment given by the respondent of what he was to be paid.
The claimant stated that he was repeatedly left short in wages and while he had returned from Canada he had submitted his tax certificate to the respondent.
The claimant submitted that he was owed €1004 net including his week in hand.
Findings
The respondent did not attend.
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.
Based on the uncontested evidence I find the complaint to be well founded award the claimant €1004.52 net.
Dated: 12 September 2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell