ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017707
Parties:
| Complainant | Respondent |
Anonymised Parties | A Barman. | A Public House/Restaurant business. |
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-00022876-002 | 22/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022876-003 | 22/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00022876-004 | 22/10/2018 |
Date of Adjudication Hearing: 11/12/2018
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991, and Section 27 of the Organisation of Working Time Act, 1997 and Section 7 of the Terms of Employment(Information) Act, 1994 following the referral of the complaints 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 by the Respondent from 26th January 2018 – 21st August 2018. He was employed as a barman in the Respondent business. Arising from the unannounced closure of the business on the 21st August 2018 he submitted 4 complaints to the Workplace Relations Commission, 3 of which came before me for decision. |
Summary of Complainant’s Case:
The Complainant says that he was employed by the Respondent, as a barman from the 26th January 2018 until the 21st August 2018. He says that the business was closed down on the 21st August 2018. He was advised about this by a fellow employee. He tried to make contact with the Respondent but to no avail. He says in his complaints: CA-00022876-002 that there are outstanding wages due to him under the terms of Section 6 0f the Payment of Wages Act, 1991. CA-22876-003 that there are outstanding holidays due to him for which he has not been paid, under the terms of Section 27 of the Organisation of Working Time Act, 1997. CA-22876-004 that he was never provided with a written statement of his Terms and Conditions of Employment, under the terms of Section 7 of the Terms of Employment(Information) Act, 1994. |
Summary of Respondent’s Case:
The Respondent did not appear. I am satisfied that the Respondent was officially notified of the date, time and subject matter of the hearing. I therefore proceeded with the hearing and took evidence from the Complainant. |
Findings and Conclusions:
I am satisfied, from the evidence presented by the Complainant that he has legitimate complaints under all three complaint headings and I therefore find for the Complainant. |
Decision:
Section 41 of the Workplace Relations Act 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.
Section 6 of the Payment of Wages Act, 1991
Section 27 of the Organisation of Working Time Act, 1997
Section 7 of the Terms of Employment(Information) Act, 1994
CA-00022876-02: I award the Complainant one week’s pay -€200- by way of pay in lieu of notice under the terms of Section 6 of the Payment of Wages Act, 1991. CA-22876-003: I award the Complainant €403.44 in holiday pay due under Section 27 of the Organisation of Working Time Act, 1997. CA-22876-004: I award the Complainant 4 week’s pay (€800) as he did not receive written confirmation of his terms and conditions of employment due under Section 7 of the Terms of Employment Act, 1994. |
Dated: 1st April 2019
Workplace Relations Commission Adjudication Officer: David Mullis
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