ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016498
Parties:
| Complainant | Respondent |
Anonymised Parties | Bar Manager | Publican |
Representatives | None | None |
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-00021410-001 | 28/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021410-002 | 28/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021410-003 | 28/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00021410-004 | 28/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00021410-005 | 28/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00021410-006 | 28/08/2018 |
Date of Adjudication Hearing: 08/01/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Acts, 1977 - 2015,] following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)
Background
The claimant was employed by the respondent from the 11th May 2017 to the 27th June 2018. He was employed as a bar manager and he was paid €711.54 gross (€584.60 net) per week.
CA.00021410.001 Organisation of Working Time Act 1997
That he was owed the sum of €700 in relating to holiday pay from the respondent. It was submitted that respondent agreed by text to pay the claimant on the 2nd July 2018, but the amount has never been paid.
Findings
The respondent did not attend, and I am confident that he was duly notified
Decision
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence I find the complaint to be well founded and I award the claimant €700.
CA-00021410-002
Ca-00021410-002/ Organisation of Working Time Act 1997
The claimant submitted that he worked for the respondent from the 11th May 2017 to the 27th June 2018 and he worked between 45 to 55 hours per week. The claimant stated that he was expected to
- answer numerous phone calls and e-mails.
- attend staff meetings
- meetings with suppliers
- These were organised on his day off and he (claimant) was expected to come to work to facilitate these meetings.
Findings
The respondent did not attend, and I am confident that he was duly notified
15.— (1) An employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours, an average of 48 hours calculated over a period (hereafter in this section referred to as a “reference period”) that does not exceed—
(a) 4 months, or
(b) 6 months—
(i) in the case of an employee employed in an activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or
(ii) where due to any matter referred to in section 5, it would not be practicable (if a reference period not exceeding 4 months were to apply in relation to the employee) for the employer to comply with this subsection,
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.
Based on the uncontested evidence I find the complaint to be well founded and I award the claimant €1750 in compensation for breach of section 15.
Ca-00021410-004 Unfair Dismissal1977
The claimant was employed by the respondent from the 11th May 2017 to the 27th June 2018. He was employed as a bar manager and he was paid €711.54 gross (€584.60 net) per week. The claimant stated the respondent arrived on the 27th June 2018 as he was opening the bar. The respondent told him that we had “come to the end of the line” and it “wasn’t working out”. The claimant was informed that this was effective immediately.
The claimant was unfairly dismissed, no procedures or no reason whatsoever given.
Findings
The respondent did not attend, and I am confident that he was duly notified.
I find that the claimant was not provided with any reasons for his dismissal and he was denied fair procedures
Recommendation
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Based on the uncontested evidence I find the claimant was unfairly dismissed and I award him
€10,000 in compensation.
Ca-00021410—005/ 006 Terms of Employment (Information) Act 1994
The claimant stated he was not provided with a contract of employment despite repeated requests and his employment location changed without notification or consultation.
Findings
The respondent did not attend, and I am confident that he was duly notified.
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.
Based on the uncontested evidence I award the claimant €1000 in compensation.
Dated: 04-02-19
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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