ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017989
| Complainant | Respondent |
Anonymised Parties | Head Chef | Public House |
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-00023147-002 | 10/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00023147-003 | 10/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00023148-001 | 10/11/2018 |
Date of Adjudication Hearing: 06/02/2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
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 Complaint was employed as a Head Chef by the Respondent from 1st September 2018 to 16th October 2018 on a gross weekly salary of €450 for a 39 hour week. |
Summary of Complainant’s Case:
The Complainant submits that: · The Respondent did not pay him his wages of €450 for his first week of work · The Respondent did not give him a copy of his Terms and Conditions · The Respondent did not give him his wages of €257 for his last week of work where he worked for half of the week |
Summary of Respondent’s Case:
The Respondent did not attend the adjudication hearing. |
Findings and Conclusions:
CA-00023147-002 Payment of Wages Based on the uncontested evidence of the Complainant, I find that the Respondent did not pay the Complainant his weekly wage of €450 gross due in respect of his first week of work with the Respondent. CA-00023147-003 Terms of Employment Section 3 (1) of the Terms of Employment (Information) Act, 1994 provides: “An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment …” Section 3 (2) of the Terms of Employment (Information) Act, 1994 provides: “A statement shall be given to an employee under subsection (1) notwithstanding that the employee’s employment ends before the end of the period within which the statement is required to be given.” Based on the uncontested evidence of the Complainant, I find that the Respondent did not comply with the requirements of Section 3(1) and 3(2) of the Act in relation to the Complainant. CA-00023148-001 Payment of Wages Based on the uncontested evidence of the Complainant, I find that the Respondent did not pay the Complainant his wages of €257 gross due in respect of his last week of work with the Respondent. |
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.
CA-00023147-002 Payment of Wages Based on the uncontested evidence of the Complainant, I find that the complaint made pursuant to the Payment of Wages Act, 1991 is well-founded and the Complainant is entitled to redress of €450, less any deductions made in accordance with law. CA-00023147-003 Terms of Employment Based on the uncontested evidence of the Complainant, I find that the complaint made pursuant to the Terms of Employment (Information) Act, 1994 is well founded. I order the Respondent to pay to the Complainant compensation in the amount of €450 being the equivalent to one week’s pay. CA-00023148-001 Payment of Wages Based on the uncontested evidence of the Complainant , I find that the complaint made pursuant to the Payment of Wages Act, 1991 is well-founded and the Complainant is entitled to redress of €257, less any deductions made in accordance with law. |
Dated: 12th February 2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Non-payment of wages; breach of Terms of Employment (Information) Act, 1994 |