ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014843
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Carpenter} | {A Construction Company} |
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-00019407-001 | 24/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00019407-002 | 24/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00019407-005 | 24/05/2018 |
Date of Adjudication Hearing: 12/10/2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015following the referral of the complaint 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 was employed as a Carpenter from 15th January 2018 to 18th May 2018. |
Summary of Complainant’s Case:
The Complainant turned up for work on Friday 18th May 2018 at 7.30am and he received at text at 8.15 am to say there was no work and sorry for the short notice. He was notified the following Sunday night of no work the following day Monday or the rest of the week. He repeatedly called and texted all week but received no response until the following friday. No notice of lay off or short-time was issued. He earns 670 euro per week net pay. He never received any written terms and conditions of employment after starting work. He says that he has been constructively dismissed as his employer will not answer his calls, and is giving him no notice. No issue was ever raised with his work. |
Summary of Respondent’s Case:
The Respondent is a small business and is only trading for 1 year. He had a subcontractor job in Leixlip but the main contractor pulled out, it was not finished. The main contractor was not paid and he was not paid either. He says the Complainant was put on temporary layoff for the week after he texted him on Sunday evening. He was trying to find the Complainant another job. He paid him holiday pay. He said the Complainant was not wanted on certain jobs. He told the Complainant he had no work for him for that week. The complaint was lodged with the Workplace Relations Commission on 24th May 2018. |
Findings and Conclusions:
The Complainant was not paid notice of termination of his employment and the complaint of breach of S11 of the Minimum Notice & Terms of Employment Act, 1973 is well founded. I direct payment of 1 week’s notice of 670 euro net to the Complainant by the Respondent. The complaint of breach of S7 of the Terms of Employment (Information) Act 1994 is also well founded as the Complainant did not receive any written statement of his terms. This is a continuing breach. I direct compensation of 300 euro to be paid by the Respondent to the Complainant as compensation for the breach. The Complainant does not have 12 months continuous service with the Respondent which is required in order to pursue a complaint of unfair dismissal pursuant to S8 of the Unfair Dismissals Act 1977-2015 and his complaint fails. |
Decision:
Section 41 of the Workplace Relations Act 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 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.
The complaint of breach of S11 of the Minimum Notice & Terms of Employment Act, 1973 is well founded and I direct payment of 1 weeks’ notice of 670 euro net to the Complainant by the Respondent. The complaint of breach of S7 of the Terms of Employment (Information) Act 1994 is well founded. I direct 300 euro to be paid by the Respondent to the Complainant as compensation for the breach. The Complainant does not have 12 months continuous service with the Respondent which is required in order to pursue a complaint of unfair dismissal pursuant to S8 of the Unfair Dismissals Act 1977-2015 and his complaint fails. |
Dated: 4th April 2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Minimum notice, no written terms provided, service not accrued for unfair dismissal claim |