ADJ-00019099

ADJUDICATION OFFICER DECISION
 

Adjudication Reference:  ADJ-00019099

Parties:
 
Complainant
Respondent
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 7 of the Terms of Employment (Information) Act, 1994
CA-00024953-001
11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act, 2015.
CA-00024953-002
11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
CA-00024953-003
11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-005
11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-006
11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-007
11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-008
11/01/2019
 

Date of Adjudication Hearing:  19/02/2019

Workplace Relations Commission Adjudication Officer:  Michael McEntee

Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 7 of the Terms of Employment (Information) Act, 1994; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 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 issues in contention (Wages, Holidays, Proper Work Breaks and the application of the Sectoral Employment Order) concern a Carpenter and a Construction Company
 
1:        Summary of Complainant’s Case:
Act
Complaint/Dispute Reference No.
Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
CA-00024953-001
No Written Terms/Statement of employment conditions received.
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act, 2015.
CA-00024953-002
SEO – Sectoral Employment Order for the Construction sector not observed by the Employer.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
CA-00024953-003
The full and proper amount of Wages for the month of December 2018 has not been paid.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-005
No Annual Leave paid.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-006
No Public Holidays paid.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-007
No Daily Rest periods.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-008
Sunday Premium not paid.
 

2:        Summary of Respondent’s Case:
The Respondent did not attend the Oral Hearing and no evidence was presented on their behalf.

I was satisfied that the Respondent had been on proper notice of the hearing. CRO Address evidence was provided.
 

3:        Findings and Conclusions:
A detailed Submission, supported by extensive wage calculations & work sheets / diaries, was supplied by the Complainant.

No evidence was provided by the Respondent and accordingly no rebuttals of the Complainant’s evidence was forthcoming.

Accordingly, I had to decide the issue on the basis of likely probabilities and the probity of the Complainant’s evidence.

Act
Complaint/Dispute Reference No.
Findings and Conclusions
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
CA-00024953-001   Written Statement of Ts & Cs
Claim is well founded. Compensation of €250 is awarded to the Complainant for breach of a statutory right.
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act, 2015.
CA-00024953-002 Non-Application of SEO
On the evidence presented, both Oral and Written, it was clear, to a reasonable degree of acceptable probability, that the SEO 455 of 2017 was not being complied with.

Under Section 23 (1) (c) of the Industrial Relations (Amendment) Act 2015 an Adjudication Officer can award Compensation.  The Union is this case requested a Compensation award that would be dissuasive of breaches of the SEO.

Accordingly, I award a Compensation lump sum of €2,500 in favour of the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
CA-00024953-003 December 2018 wages
Detailed calculations were produced by the Complainant. I examined these closely.

On the balance of probability, I was satisfied that the sum of €5,619 was due to the Complainant. No rebuttal Respondent evidence was available   to contest these figures.

I order that a Lump Sum of € 5,619 be paid to the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-005
Uncontested evidence was that the sum of € 1,390 was due to the Complainant in lieu of unpaid Annual Leave.

Detailed Complainant calculations were proffered. The Respondent did not present any evidence.

Accordingly, I award the sum of €1,390 as payment in lieu of Holidays.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-006
As per CA-00024953-005 above. The Compensation figure is deemed to include an amount for Public Holidays.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-007
Complaint well founded. Redress is set at the sum of € 250.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-008
Claim withdrawn at the Oral Hearing.
 
 

4:        Decision:
Section 41 of the Workplace Relations Act 2015; Section 7 of the Terms of Employment (Information) Act, 1994; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts

Act
Complaint/Dispute Reference No.
Summary Decision.

Please refer to Section Three above for Reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
CA-00024953-001   Written Statement of Ts & Cs
Compensation of €250 is awarded to the Complainant for breach of a statutory right.
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act, 2015.
CA-00024953-002 Non-Application of SEO
SEO 455 of 2017 was not being complied with.

Accordingly, I award a Compensation lump sum of €2,500 in favour of the Complainant, in respect of this major breach of a Statutory Right
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
CA-00024953-003 December 2018 Wages
I order that a Lump Sum of € 5,619 in lieu of unpaid wages be paid to the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-005
I award the sum of €1,390 as payment in lieu of Holidays.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-006
As per CA-00024953-005 above. The Compensation figure is deemed to include an amount for Public Holidays.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-007
Redress is set at the sum of € 250.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00024953-008
Claim withdrawn at the Oral Hearing.
 Taxation of these Awards to be a matte for consultation with the Irish Revenue Commissioners.

Dated:   29.4.19

Workplace Relations Commission Adjudication Officer:  Michael McEntee

Key Words: