ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00014996
Parties:
| Complainant | Respondent |
Anonymised Parties | A Kitchen Porter | A Coffee Shop/Restaurant |
Representatives | In person | Did not attend |
Dispute:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00019521-001 | 31/05/2018 |
Date of Adjudication Hearing: 15/11/2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969,following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker was employed from 23rd October 2017 until her dismissal on 11th May 2018. The worker was employed on a part time basis as a Kitchen Porter and worked 12 hours per week. The worker was paid €10 gross per hour. |
Summary of Worker’s Case:
The worker last worked on 2nd May 2018. She stated that she became ill and was hospitalised with Food Poisoning on or about the 3rd May 2018. She stated that she was not fit to return to work until 17th May 2018 but was dismissed by the employer on 11th May 2018. The worker is seeking compensation in relation to her complaint of Unfair Dismissal. The worker also stated that she did not receive any Public Holiday or Annual Leave entitlements for the duration of her employment. The worker is seeking compensation in relation to the complaint. |
Summary of Employer’s Case:
The employer did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
It is regretable that the employer did not attend the adjudication hearing to put forward its position in relation to the complaint. In relation to the Unfair Dismissal complaint, I find that the worker gave an honest account of what happened to her between 3rd May 2018 and her dismissal on 11th May 2018. Having listened carefully to the worker’s submission and in the absence of any submissions to the contrary, I find that the worker was unfairly dismissed as claimed. In relation to the Annual Leave and Public Holiday entitlements, the worker referred to these issues in her complaint form and I am satisfied that the employer was aware of the specific contents of the worker’s complaint. Accordingly, and based on the uncontested evidence of the worker, I find that the worker did not receive Public Holiday and Annual Leave entitlements. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Based on the uncontested submissions of the worker. I find that the complaint of Unfair Dismissal is well founded. I recommend that the employer pay the worker €2,000 in compensation. In relation to the Annual Leave and Public Holiday entitlement, I find that the complaint is well founded. I recommend that the employer pay the worker €1,000 in compensation. |
Dated: 5th March 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Unfair Dismissal, Annual Leave, Public Holiday entitlement. |