ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00020171
Parties:
| Complainant | Respondent |
Anonymised Parties | Labour | Construction |
Representatives | Olga Shevchenko Immigrant Advice Bureau | none |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00026700-002 | 01/03/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00026700-003 | 01/03/2019 |
Date of Adjudication Hearing: 07/10/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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)
Ca 00026700-002
Payment of Wages Act 1991
Background
The claimant was employed by the respondent from the 10th July to the 20th October 2018 as a labour worker. He worked 48 hours each week and he was paid €550 net.
The claimant stated that he worked on the 29th September 6th ,13th 15th and 16th October 2018 where he was not paid. The claimant stated that he was owed the sum of €670 net.
Findings
The respondent did not attend.
Decision
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence I find the complaint to well founded and I award the claimant the sum of €670 net.
CA-00026700-003
Terms of Employment (information) Act 1994
Background
The claimant was employed by the respondent from the 10th July to the 20th October 2018 as a labour worker. He worked 48 hours each week and he was paid €550 net.
The claimant stated that he was not provided with a contract of employment in accordance with the act .
Findings
The respondent did not attend.
Section 3 of the Terms of Employment (Information) 1974 Act states
That a contract of employment must be provided to an employee with 2 months of commencing employment.
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.
I find based on the uncontested evidence the complaint to be well founded and I award the claimant €700 in compensation.
Dated: 19th November 2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
Payment of Wages and Terms of Employment |