ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00016124

Complaints:

Date of Adjudication Hearing: 13/12/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 Complainant was employed from 16th July 2018 until 27th July 2018 – 9 days. He was paid €791.00 gross per week and he worked 40 hours a week. The Complainant referred complaints to the Workplace Relations Commission on 6th August 2018 alleging the Respondent had breached the Terms of Employment (Information) Act, 1994 – had breached the Organisation of Working Time Act, 1997 – 2015 and had breached Section 5 of the Payment of Wages Act, 1991.

SUMMARY OF COMPLAINANT’S POSITION.

Terms of Employment (Information) Act, 1994. The Complainant stated he had not been provided with a written statement of his Terms and Conditions of Employment.

Organisation of Working Time Act, 1997 – 2015. The Complainant stated he had not been paid his accrued annual leave on termination of the employment.

Payment of Wages Act, 1991. The Complainant stated that he had not been paid his minimum notice on termination of his employment.

SUMMARY OF RESPONDENT’S POSITION.

Terms of Employment (Information) Act, 1994. The Respondent confirmed to the Hearing that he had not been provided with a Contract of Employment.

Organisation of Working Time Act, 1997 – 2015. The Respondent confirmed at the Hearing that the Complainant had not been paid his accrued annual leave on termination of the employment. He worked 9 days at 8 hours a day.

Payment of Wages Act, 1991. The Respondent confirmed at the Hearing that the Complainant had not been paid minimum notice on termination of the employment.

FINDINGS AND CONCLUSIONS.

Terms of Employment (Information) Act, 1994. Section 3 of the Act provides That “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…”. Both Parties confirmed that the Complainant commenced employment with the named Respondent on 16th July 2018 and the employment ended 27th July 2018. I find the Respondent has not breached Section 3 of the Act.

Organisation of Working Time Act, 1997 – 2015. Both Parties confirmed that the Complainant had worked for 9 days x 8 hours a day = 72 hours x 8% = 5.76 hours annual leave due. I find the Complainant is entitled to payment of €113.90 gross subject to any lawful deductions.

Payment of Wages Act, 1991. Section 4(1) of the Minimum Notice and Terms of Employment Act, 1973 as follows – “An employer shall, in order to terminate the contract of employment of an employee who has been in the continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) ….”. The evidence from both Parties was that the Complainant worked for 9 days with the named Respondent. Therefore the Complainant does not qualify for payment of minimum notice as he was not in the continuous employment of his employer for a continuous period of 13 weeks.

DECISION.

Terms of Employment (Information) Act, 1994. CA-00021016-001. In accordance with Section 41(5) of the Workplace Relations Act, 2015, my findings above I declare this complaint is not well founded.

Organisation of Working Time Act, 1997 – 2015. CA-00021016-003. On the basis of the evidence and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant his accrued annual leave of €113.90, subject to any lawful deductions within 42 days of this Decision. I also direct the Respondent to pay the Complainant compensation of €100.00 within 42 days of the date of this Decision for breach of Section 23 of the Act of 1997.

Payment of Wages Act, 1991. CA-00021016 -004. In accordance with Section 41(5) of the Workplace Relations Act, 2015 and my findings above I declare this complaint is not well founded as the Complainant was not employed by the Respondent for a minimum period of 13 continuous weeks to qualify for payment of Minimum Notice.

Dated:   19/03/2019

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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