ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017155

Parties:

	Complainant	Respondent
Anonymised Parties	A Hairdresser	A Hairdressing Salon

Representatives

VivionJordan

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-00019886-001	20/06/2018

Date of Adjudication Hearing: 27/11/2018

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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).

Background:

The Complainant commenced employment with the Respondent, a hairdressing salon, in May 2015. Her employment ended on 17^th April 2018. Her gross weekly pay was €250.00. A complaint was lodged with the WRC on 20^th June 2018.

Summary of Complainant’s Case:

The Complainant submitted that she commenced employment with the Respondent, a hairdressing salon, in May 2015, on a part-time basis. She commenced a full-time Apprenticeship with the Respondent in June 2016. She was never issued with a contract. She was never given payslips. She never got any paperwork from the Respondent relating to the training she was doing. When she sought employment elsewhere the lack of training records became a difficulty and she had to start her training from scratch. When the Complainant looked for training records she only got a certificate for a two-day course.

Summary of Respondent’s Case:

The Respondent agreed that she had not issued a contract to the Complainant. She also agreed she did not issue payslips. The Respondent also agreed she did not keep formal training records.

Findings and Conclusions:

This employer has been irresponsible in relation to its obligations and must rectify its ways to ensure it complies with the Act in the future.

I find that the Respondent has breached Section 3 of the Act.

I note that Section 7 (2) (d) of the Act states, "compensation of such amount (if any) as is just and equitable having regard to all the circumstances but not exceeding 4 weeks' remuneration".

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 have decided that the complaint is well founded, and that the Respondent should pay the Complainant compensation of €1,000.00.

Dated: 29^th April 2019

Workplace Relations Commission Adjudication Officer: Roger McGrath