ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00015101

Parties:

	Complainant	Respondent
Anonymised Parties	Electrician	Electrical Company

Representatives

The claimant represented himself

The respondent did not attend and was not represented at the hearing

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-00019835-001	14/06/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00019835-002	14/06/2018

Date of Adjudication Hearing: 19/09/2018

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 6 of the Payment of Wages Act 1991 and/or Section 11 of the Minimum Notice and Terms of Employment Act , 1973 ] 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

Summary of Complainant’s Case:

The claimant was employed as an electrician with the respondent from May 2017 to the 12th.March 2018.The claimant submitted the respondent was in breach of the Act for the non payment of wages amounting to €2055.07 and the non payment of holiday pay amounting to €1203.44.The claimant was not furnished with a contract of employment and worked on a site with 10 other electricians. The respondent indicated on a number of occasions that he would make good what was owed and that he was awaiting payment from the contractor. On the 12th.March 2018 , the workers were advised to clear everything from the site at 4.55p.m.No notice of termination of employment was given.

Summary of Respondent’s Case:

The respondent did not attend and was not represented at the hearing.

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.

Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

On the basis of the uncontested evidence of the claimant , I am satisfied that the complaint is well founded and I require the respondent to pay the claimant €2,842.83 compensation.

Section 11 of the Minimum Notice and Terms of Employment Act 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

On the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and require the respondent to pay the claimant one weeks notice - €838.11.

Dated: 25th February, 2019

Workplace Relations Commission Adjudication Officer:Emer O'Shea