ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024348
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | A printing company |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029434-001 | 02/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029434-002 | 02/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029434-003 | 02/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029434-004 | 02/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029434-005 | 02/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029434-006 | 02/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029434-007 | 02/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00029434-008 | 02/07/2019 |
Date of Adjudication Hearing: 14/11/2019
Workplace Relations Commission Adjudication Officer: Conor Stokes
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 respondent is a printing and graphics design company. The complainant was employed from 7 February 2019 to 22 March 2019. |
Summary of Complainant’s Case:
The complainant submitted that although she worked for 6.4 weeks, she was only paid for four of those weeks. She submitted that she was not paid notice for the termination of her employment. She submitted that she was not paid holiday pay or paid for Public Holidays. The complainant is seeking payment of the monies owed to her and is seeking compensation under the applicable Acts. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this matter. |
Findings and Conclusions:
Although the respondent did not attend the hearing of this matter, I am satisfied that they were on notice of the hearing and I proceeded to hear the matters as follows. CA-00029434-001 The complainant submitted that she did not receive her paid holiday/annual leave entitlements. She provided evidence of having worked for 256 hours, accordingly in accordance with Section 19 of the Organisation of Working Time Act, 1977 she is entitled to 8% of this as annual leave. CA-00029434-002 The complainant submitted that she did not receive her Public Holiday entitlements. During her employment she was entitled to the entitlement relating to one Public Holiday in accordance with the provisions of the Organisation of Working Time Act, 1977. CA-00029434-003 The complainant submitted that she did not receive compensation for the loss of her annual leave on finishing up with the respondent. The complainant gave evidence of not having received compensation. This account was not rebutted by the respondent. CA-00029434-004 The complainant submitted that she did not receive compensation for the loss of her Public Holiday entitlement on leaving. The complainant gave evidence of not having received compensation. This account was not rebutted by the respondent. CA-00029434-005 The complainant submitted that she did not receive payment in lieu of notice. In accordance with the Minimum Notice and Terms of Employment Acts, where the employment is of a short duration (less than 13 weeks) the complainant is not entitled to payment of notice or payment in lieu of notice. Accordingly, I find that this element of the complaint fails. CA-00029434-006 The complainant submitted that she did not receive a statement in writing on the terms of her employment in accordance with the Terms of Employment (Information) Act, 1994. The complainant gave evidence of having received a contract of employment in writing, accordingly this element of her complaint is not well founded and must fail. CA-00029434-007 The complainant submitted that she was not notified in writing of a change in the terms of her employment in accordance with the Terms of Employment (Information) Act, 1994. The complainant gave evidence of having received notice in writing of a change in the terms of her employment in writing, accordingly this element of her complaint is not well founded and must fail. CA-00029434-008 The complainant submitted that her employer was not keeping statutory employment records (European Communities (Road Transport) Organisation or Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. 36 of 2012). As the complainant was not employed in Mobile Road Transport Activities, this element of the complaint is not well founded and accordingly this element must fail. For clarification, the complainant submitted that she was not paid her full wages to which she was entitled, however as she opted for this aspect to be dealt with by way of inspection, I have no role in relation to that aspect of the complaint. |
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.
CA-00029434-001 My decision in relation to this element is that the complainant should be awarded - 20.48 hours amounting to €245.76 CA-00029434-002 My decision in relation to this element is that the complainant should be awarded 8 hours remuneration amounting to €96.00 CA-00029434-003 My decision in relation to this element is that the complainant should be awarded €800 CA-00029434-004 My decision in relation to this element is that the complainant should be awarded €800 CA-00029434-005 My decision is that the complainant is not entitled to succeed in relation to this element of the complaint. CA-00029434-006 My decision is that the complainant is not entitled to succeed in relation to this element of the complaint. CA-00029434-007 My decision is that the complainant is not entitled to succeed in relation to this element of the complaint.
CA-00029434-008 My decision is that this element of the complaint is not well-founded, and the complainant is not entitled to succeed. |
Dated: 18th December 2019
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages, Holiday Entitlements, Public holidays. |