ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012074
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-00016042-001 | 29/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016042-002 | 29/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016042-003 | 29/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016042-004 | 29/11/2017 |
Date of Adjudication Hearing: 18/09/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section7 of the Terms of Employment (Information) Act 1994 and/or Section 6 of the Payment of Wages Act 1991 and/or Section 27 of the Organisation of Working Time Act 1996,] 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).
Summary of Complainant’s Case:
The claimant was employed as a Cleaner with the respondent from the 24th.Feb. 2017 to the 8th.Sept. 2017. She submitted the respondent was in breach of the Terms of Employment (Information) Act 1994 for failing to furnish her with written terms and conditions of employment in accordance with Section 3. She submitted the respondent was in breach of the Payment of Wages Act 1991 for failing to pay her final wages of €170.85. The claimant submitted the respondent was in breach of the organisation of Working Time Act 1997 for failing to pay her due entitlements to annual leave – she asserted she was owed €672.44 for non payment of annual leave. The claimant submitted the respondent was in breach of the Organisation of Working Time Act 1997 for failing to pay her compensation for working 5 Public Holidays worked during the period of her employment and asserted she was owed €305. |
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 7 of the Terms of Employment (Information) Act 1994 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 respondent failed to meet their obligations under Section 3 and I am upholding the complaint .I require the respondent to pay the claimant €1,000 compensation for this breach within 4 weeks of the date of this decision.
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 uphold the complaint and require the respondent to pay the claimant €170.85 within 4 weeks of the date of this decision.
Section 27 of the Terms of Employment of the Organisation of Working Time Act 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Since making her complaint , the respondent lodged €642.444 in the claimant’s account for her annual leave .This represents a shortfall of €30 outstanding. On the basis of the uncontested evidence of the claimant , I am upholding the complaint and require the respondent to pay the claimant the outstanding balance of €30.
On the basis of the uncontested evidence of the claimant I find the respondent failed to meet their obligations under the Act with respect to public holidays. I require the respondent to pay the claimant €305.00 for outstanding losses and €500 compensation for this breach of the Act.
Dated: 10/01/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea