ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019703
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bartender | A Public House |
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-00026169-006 | 08/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00026169-007 | 08/02/2019 |
Date of Adjudication Hearing: 25/06/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 Complainant was seeking payment of holiday pay and compensation for the non provision of breaks. |
Summary of Complainant’s Case:
The Complainant was employed from a date in September 2018 to March 29th 2019 as a Bartender. He earned 10.50 per hour. He worked for 8 hours a day for 3 days a week. He was not paid 73.5 hours holiday pay amounting to 735 Euros. When he worked on his own he did not get a break and estimated this at between 28 and 40 times where he did not get a break. |
Summary of Respondent’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on February 8th 2019 alleging that his former employer contravened the provisions of the Organisation of Working Time Act 1977 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on June 25th 2019. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present 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 19.1.C of the Organisation of Working Time Act 1997 entitles an employee to be paid 8 per cent of the hours worked in a leave subject to a maximum of 4 working weeks. Based on the non contested evidence of the Complainant he was entitled to 73.5 hours holiday pay per this formula amounting to 735 Euros which was not paid to him when he ceased employment. I award the Complainant 735 Euros for breach of Section 19.1.C of the Organisation of Working Time Act 1997. Section 12.1 of the Organisation of Working Time Act 1997 entitles an employee to a fifteen minute break after working 4 hours and thirty minutes and Section 12.2 entitles an employee to a thirty minute break (inclusive of the above) after working 6 hours. Based on the uncontested evidence of the Complainant he did not receive any breaks when he worked for 8 continuous hours on his own. I award the Complainant 2,000 Euros for the breach by the Respondent of Section 12.1 of the Act. |
Dated: 29 July 2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
|