ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00016832
Parties:
| Complainant | Respondent |
Parties | Nutu Cornel Stan | Eugeniu Gorceag Limited Eugeniu Butchers |
| Complainant | Respondent |
Anonymised Parties | A butcher | A butcher shop |
Representatives | Marius Marosan Non -legal rep. | Did not attend |
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-00021844-001 | 13/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021844-002 | 13/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021844-003 | 13/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021844-004 | 13/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021844-005 | 13/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021844-006 | 13/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021844-007 | 13/09/2018 |
Date of Adjudication Hearing: 10/01/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 Complainant worked for the Respondent from 01/04/2016 until 30/04/2018, he is a butcher and the Respondent is a butcher shop. This complaint was lodged in the Workplace Relations Commission on 13/09/2018. The complaint as presented (file ref: ADJ – 00016832) comes in seven parts: CA – 00021844 – 001 – Complaint referred under s. 7 of the Terms of Employment (Information) Act,1994 – “I never got a contract of employment”. CA – 00021844 – 002 – Complaint referred under s.27 of the Organisation of Working Time Act, 1997 – “For my last 7 months of employment was working 72 hours weekly”. CA – 00021844 – 003 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 – “having to work 7 days per week”. CA – 00021844 – 004 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 – “I did not get breaks”. CA - 00021844 – 005 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 – “I was working on Sundays, but I was never paid anything extra” CA - 00021844 – 006 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 “ My employer paid me only 1300 Euro for holiday in 2 years that I worked for him”. CA – 00021844 – 007 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 “I was never paid anything extra for working on a Public Holiday”.
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Summary of Complainant’s Case:
The Complainant was represented at the hearing by a non-legal representative and outlined the complaints as submitted above. |
Summary of Respondent’s Case:
The Respondent was not present to present any case. Correspondence in relation to the arrangements for the hearing were sent to the Respondent on 31st October 2018, some 4 weeks before the hearing date. |
Findings and Conclusions:
The complaint as presented (file ref: ADJ – 00016832) comes in seven parts: CA – 00021844 – 001 – Complaint referred under s. 7 of the Terms of Employment (Information) Act,1994 – “I never got a contract of employment”. The Respondent is in breach of section 3 of the Terms of Employment (Information) Act 1994, I therefore award him four weeks’ pay, €2,400. CA – 00021844 – 002 – Complaint referred under s.27 of the Organisation of Working Time Act, 1997 – “For my last 7 months of employment was working 72 hours weekly”. Section 15 (1) quite clearly states that an employer shall not permit an employee to work, in each period of 7 days, more than an average 48 hours, that is to say an average of 48 hours calculated over a period (a reference period). I am satisfied that the Respondent has breached section 15(1) and accordingly award the Complainant the sum of €1,000 as compensation. CA – 00021844 – 003 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 – “having to work 7 days per week”. Section 13 of the Act addresses the subject of weekly rest periods. In this instant case the Complainant was working seven days per week for a period of 7 months. I am satisfied that the Respondent has breached section 13 and accordingly award the Complainant the sum of €1,000 as compensation. CA – 00021844 – 004 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 – “I did not get breaks”. In evidence the Complainant informed the hearing that very often he was left alone in the shop and had to work through his breaks. I am satisfied that the Respondent has breached section 12 and accordingly award the Complainant the sum of €1,000 as compensation. CA - 00021844 – 005 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 – “I was working on Sundays, but I was never paid anything extra” Section 14 of the Organisation of Working Time Act, 1997 addresses the area of Sunday work and supplemental provisions and reads as follows: 14 (1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means namely- (a) By the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or (b) By otherwise increasing the employee’s rate of pay by such an amount as is reasonable having regard to all the circumstances, or (c) By granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or (d) By a combination of two or more of the means referred to in the preceding paragraphs. In evidence it was established that the complainant worked every Sunday for a period of seven months. In a six month period the Complainant worked 26 Sundays and presuming 8 hours per day; 8 times 26 = 208 hours of Sunday working. A premium of 20% is appropriate, this equates to €624 of unpaid premium. The Respondent should pay the Complainant the sum of €624 representing Sunday premium for a six month period. CA - 00021844 – 006 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 “My employer paid me only 1300 Euro for holiday in 2 years that I worked for him”. The relevant leave year in this complaint is the leave year from 1st April 2017 to the 31st March 2018. The Complainant received €1,300 holiday payment during this period. There would have been an entitlement to 4 working weeks of holidays with earning of €2,400 holiday pay. The Complainant is owed the sum of €1,100 in unpaid holiday entitlement during the relevant leave year. CA – 00021844 – 007 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 “I was never paid anything extra for working on a Public Holiday”.
The Complainant was required to work on 3 Public Holidays during the relevant leave year, I am awarding him 3 days pay for these i/e. €360.
In summary:
CA – 00021844 – 001 – The Respondent will pay the Complainant four weeks pay for this breach of the Terms of Employment (Information) Act,1994. i.e. €2,400 gross. CA – 00021844 – 002 – Complaint referred under s.27 of the Organisation of Working Time Act, 1997. The Respondent will pay the Complainant compensation of €1,000. CA – 00021844 – 003 - Complaint referred under s.27 of the Organisation of Working Time Act,1997. The Respondent will pay the Complainant compensation of €1,000. CA – 00021844 – 004 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 The Respondent will pay the Complainant compensation of €1,000. CA - 00021844 – 005 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 The Respondent should pay the Complainant the sum of €624 representing Sunday premium for a six month period. CA - 00021844 – 006 - Complaint referred under s.27 of the Organisation of Working Time Act,1997 The Complainant is owed the sum of €1,100 in unpaid holiday entitlement during the relevant leave year. This payment should be made to him. CA – 00021844 – 007 - Complaint referred under s.27 of the Organisation of Working Time Act,1997. A payment of €360 should be made to the complainant for three public holidays during this period.
All payments should be made to the Complainant within 42 days from the date of this decision.
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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.
As outlined above. |
Dated: 19/03/19
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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