ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017790
Parties:
| Complainant | Respondent |
Anonymised Parties | A Barman | A Hotel |
Representatives |
| Canning Landy & Co, Solicitors |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022988-002 | 01/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022988-003 | 01/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022988-004 | 01/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00022988-005 | 01/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00022988-006 | 01/11/2018 |
Date of Adjudication Hearing: 02/01/2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 had been employed as a fulltime barman by the respondent at the rate of €12.00 per hour between March 12th 2018 and August 21st. The hotel went into liquidation and he is owed wages, and other entitlements. |
Summary of Complainant’s Case:
The complainant received notice that the respondent business was going into liquidation. He was not paid wages for his final week and was not given or paid for one week’s notice; in each case €520.00. He accumulated annual leave entitlement over the period giving rise to an entitlement of €750 based on having worked a forty-hour week for twenty weeks and having taken no leave in the period. He was not given a statement of his terms of employment. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. No explanation was received which would explain the non-attendance |
Findings and Conclusions:
The complainant attended and gave direct and credible evidence. Complaint CA-00022988-005 was submitted in error and was withdrawn All other complaints are well-founded, and they are upheld. |
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.
For the reasons set out above I uphold the following complaints. I uphold Complaint CA-00022988-002 and award the complainant €520, and also Complaint CA-00022988-003 and award the complainant €520. I also uphold Complaint CA-00022988-004 and award the complainant €750. I uphold Complaint CA-00022988-006 and award the complainant €1040. |
Dated: 30-04-2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Wages Notice |