Complainant

Respondent

Anonymised Parties

A bar tender

A public house / restaurant

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-00025401-001

29/01/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00025401-005

29/01/2019

The Complainant commenced employment with the Respondent on 15th November 2018, the employment ended on 24th December 2018. The rate of pay paid to the Complainant was €13.50 per hour.

This complaint was received by the Workplace Relations Commission on 29th January 2019.

The complaint, as submitted for adjudication is in two parts:

CA – 00025401 – 001 – complaint referred under section 27 of the Organisation of Working Time Act, 1997. No premium paid when working Sundays.

CA – 00025401 – 005 – complaint referred under section 7 of the Terms of Employment (Information) Act, 1994.No statement of particulars of employment provided.

The Complainant alleges that in relation to Sunday working she was never paid any additional payment for working on a Sunday. She states that she worked every Sunday.

In relation to a contract of employment the Complainant alleges that she asked for one on more than one occasion and that she was told by a manager that she would be issued with one. This did not happen.

The Respondent did not attend the hearing of this complaint. On checking I have established that the Respondent made no contact with the WRC to explain their non-attendance.

Correspondence in relation to the hearing of the complaint was sent to the Complainant on 14th February 2019, some four weeks prior to the hearing.

CA – 00025401 – 005 – complaint referred under section 7 of the Terms of Employment (Information) Act, 1994.No statement of particulars of employment provided.

Section 3 (1) of the Act reads as follows:

An employer shall, not later than 2 months after the commencement of the 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, that is to say –

(a)    The full names of the employer and the employee.

(b)    The address of the employer in the State or, where appropriate, the address of the principle place of the relevant business of the employer in the State ot the registered office (within the meaning of the Companies Act 1963).

(c)     The place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,

(d)    The title of the job or nature of the work for which the employee is employed

(e)    That date of commencement of the employee’s contract of employment

(f)      In the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,

(g)    The rate or method of calculation of the employee’s remuneration

(h)    The lengths of the intervals between the times at which the remuneration is paid, whether a week, a month or any other interval

(i)      Any terms or conditions relating to hours of work (including overtime)

(j)      Any terms or conditions relating to paid leave (other than paid sick leave)

(k)    Any terms or conditions relating to-

                                 I.            Incapacity for work due to sickness or injury and paid sick leave, and

                               II.            Pensions and pension schemes

(l)      The period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

(m)  A reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

Section 7 (2) reads “A recommendation of a Rights Commissioner under subsection (1) shall do one or more of the following:

(d) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act, 1977.

CA – 00025401 – 001 – complaint referred under section 27 of the Organisation of Working Time Act, 1997. No premium paid when working Sundays.

The Complainant alleges she received no premium for working Sunday’s. She also alleges she worked every Sunday for the duration of her employment. From the time sheets presented I see she worked for 8 net hours each Sunday, this presents a total of 48 hours worked on Sundays. The Complainant also alleges that she was never informed that her hourly rate was a composite rate including payment for a Sunday.

CA – 00025401 – 005 – complaint referred under section 7 of the Terms of Employment (Information) Act, 1994.No statement of particulars of employment provided.

I now order the Respondent to pay to the Complainant compensation of €500.

CA – 00025401 – 001 – complaint referred under section 27 of the Organisation of Working Time Act, 1997. No premium paid when working Sundays.

The Complainant was paid at the rate of €13.50 per hour. I believe a fair Sunday premium is 10%, I therefore award a Sunday premium total of €64.80.

Payments outlined above should be made within 42 days from the date of this decision.