ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013096
| Complainant | Respondent |
Anonymised Parties | A Worker | Cafe |
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-00017327-001 | 07/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017327-002 | 07/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017327-003 | 07/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017327-004 | 07/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00017327-005 | 07/02/2018 |
Date of Adjudication Hearing: 17/07/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 7 of the Terms of Employment (Information) Act 1994 , and/or Section 27 of the Organisation of Working Time Act 1997and/or Section 6of the Payment of Wages Act 1991] 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).
Summary of Complainant’s Case:
The claimant was employed as a waitress with the respondent from the 13th May 2017 to the 9th August 2017. She submitted she was never furnished with written terms and conditions of employment. She further submitted that she was owed outstanding wages of €148. She submitted the respondent had failed to observe the provisions of the Organisation of Working Time Act 1997 with respect to outstanding annual leave and outstanding public holidays . |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
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.
Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant I am upholding the complaint and require the respondent to pay the claimant €125 for monetary loss with respect to outstanding annual leave and €150 compensation for this breach of the Act .
On the basis of the uncontested evidence of the claimant I am upholding the complaint with respect to Public Holidays and require the respondent to pay the claimant €150 for monetary loss with respect to outstanding public holidays and €200 compensation for this breach of the Act .
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant I uphold the complaint and require the respondent to pay the claimant €148 for outstanding wages.
Section 7 of the Terms of Employment (Information )Act 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant I require the respondent to pay the claimant €300 compensation for failing to furnish her with written terms and conditions in accordance with section 3 of the Act.
All monies to be paid to the claimant within 4 weeks of the date of this decision.
Dated: 21st September 2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea