ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013445
Parties:
| Complainant | Respondent |
Anonymised Parties | Car Valet | Car Valet Service Company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00017567-001 | 22/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017567-002 | 22/02/2018 |
Date of Adjudication Hearing: 09/05/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Payments Acts 1967 - 2014following 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).
Background:
Complainant worked as a car valet for the Respondent which runs a car rental business. He was not paid for the last 5 weeks of his work and he did not receive a notice of his terms and conditions in writing |
Summary of Complainant’s Case:
The Complainant commenced work with the Respondent as a car valet on 14 August 2017. His weekly pay was €420 gross. His net weekly wage was €419.71. He was not paid between 25 September 2017 and 31 October 2017; a period of five weeks. Having not been paid, he was forced to hand in in notice, which he did on 23 October 2017. He worked out his notice, so his end date was 31 October 2017. He was not paid holidays during the time that he was employed. His statutory entitlement to holidays over the time he was employed was 3.9 days. This amounts to €302.19. Despite being employed for over 2 months the Complainant did not receive any terms and conditions of employment in writing. |
Summary of Respondent’s Case:
No appearance |
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.
CA-00017567-001 Terms and Conditions of Employment Act 1994 Based on the uncontested evidence of the Complainant I find this case to be well founded and I award the Complainant 4 weeks salary Award: €1678.84 CA-00017567-002 Payment of Wages Act 1991 Based on the uncontested evidence of the Complainant I find this case to be well founded and I award the Complainant the amount equal to the unlawful deductions from his agreed salary; 5 weeks wages: €2098.55 3.9 days holiday: €302.19 Award: €2400.74
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Dated: 07/09/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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