ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020518
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027092-001 | ||
CA-00027092-002 | ||
CA-00027092-003 | ||
CA-00027092-004 | ||
CA-00027092-005 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Acts, 1977 – 2015following 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.
Summary of Complainant’s Case:
CA 27092-001 (Holiday entitlement) I was employed to work 10 hours per week over Tuesday to Thursday. There were times I worked over that time due to extra workload. I recorded all hours worked in a duplicate record book. After my dismissal in January 2019, I informed my employer that I was owed holiday and bank holiday pay. He asked that I come back to him with the figures owed. I gave him the information in an e-mail in February 2019. I calculated 8% of total hours worked since starting Sept 2017 in relation to my holiday entitlement, subtracting 10hrs x 2 wks taken (Sept 4th& Dec 18th) in the time that I was employed. Details taken from my email to employer here: For 2017 18 wks (fm 28/8/17) @ 180hrs (10hrs pw recorded) x 8% = 14.4hrs x €12.50 = €180.00 For 2018 52 wks (full year) @543hrs (recorded) x 8% = 43.44hrs – 20hrs for Sep & Dec = 23.44hrs x €12.50 = €293.00 Total: €473.00 Employer did not respond to my request and follow up text message and email until after I informed him that I would submit a complaint to the WRC. In his written response by email, he accused me of trying to 'extort' money from him. CA00027092- 002 (Bank Holiday entitlement) I did not normally work Bank Holiday Mondays due to my assigned days being Tuesday to Thursday. My employer was under a false assumption that I was not entitled to any pay or compensation for those days. In 2018 I queried this with the accountant responsible for employee payslips. My employer was displeased with me for doing so. Having made enquires I now believe that for a 10hr week I should get 2hrs pay or time in lieu. I included that in my written requested sent in early February 2019. The calculation I submitted to the respondent is: For 2017 3 Bank Holidays x 2hrs 2 = 6hrs x €12.50 = € 50.00 For 2018 7 Bank Holidays (25&26/Dec Paid) = 14hrs x €12.50 = €175.00 Specific Complaint CA-00027092 -003 (Terms) I never received a statement in writing on my terms of employment within the required time of 2 months from starting or at all. CA 00027092 -004 On my return Thursday 3rd January and following some interference from the respondent’s sister, who was not an employee of the business, my days and hours of work changed to Monday, Wednesday and Friday, 9am to 1pm stating form the 10th January. At that moment I was unable to make that change. I never actually worked the new schedule. 00027092 -005 (Unfair Dismissal) When my employer requested that I work a different work schedule, I informed him that I couldn’t at that particular time. He then offered to let me work a schedule that suited me, so long as I completed the v.a.t. return. He informed me he would be happy to pay me until the end of January to do so. The following week I discovered that I had been locked out of the computer and accounts and therefore could not carry out my normal duties. Furthermore, the atmosphere was full of tension and was very stressful to work in. Due to that situation and after completing said VAT return, I reported to employer it was very uncomfortable and distressing to work in such an environment. He said I could go and confirmed he would pay until 31st January in lieu of notice. My last day was 10th January. I was given no written or verbal warnings, no investigations took place, no disciplinary meetings or internal appeals took place. There were no written grievance/disciplinary procedures in place or took place and therefore provided to me. I was never furnished with a formal letter of Dismissal. This is a small business and it is not operated in compliance with employment law. |
Summary of Respondent’s Case:
No Appearance. |
Findings and Conclusions:
Ca 00027092 -001 (Holidays) I am satisfied based on the uncontested evidence of the complainant, which I found to be credible, that she is entitled to holiday pay in the amount of € 473.00 Ca 00027092 -002 (Bank Holidays) I am satisfied based on the uncontested evidence of the complainant, which I found to be credible, that she is entitled to bank holiday pay in the amount of € 225.00 Ca 00027092 -003 (Terms) I am satisfied based on the uncontested evidence of the complainant, which I found to be credible, that the complaint was not furnished with a statement in writing containing the information set out in Section 3(1) (a) – (m). I award the complaint four weeks pay, pursuant to Section 7 (2) (d) of the Act, which said sum amounts to € 500.00 CA 00027092 -004 (Terms) I am not satisfied that there was any change to the complainant’s terms and conditions of employment. The employer merely suggested that she work different days but when she said that she could not, she was not forced to. In those circumstances I find that the complaint fails. CA 00027092 -005 (Unfair Dismissal) Based on the complainant’s uncontested evidence, I am satisfied that the employer did not invoke any procedures whatsoever when dismissing the complainant. Following dismissal, she was not given a right to appeal that decision or even a formal letter of dismissal. I note that the complainant secured new employment in a creche at the end of January 2019. She is currently being paid €10 per hour which is €2.50 per hour less that she was earning with the respondent. In all of the circumstances, I am awarding the complainant compensation, in the amount of €2,000.00 |
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.
CA 00027092 -001 The complaint is well founded. I award the complainant €473.00 CA 00027092 -002 The complaint is well founded. I award the complainant €225.00 CA 00027092 -003 The complaint is well founded. I award the complainant € 500.00 CA 00027092 -004 The complaint fails. |
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.
CA 00027092 -005 The complaint is well founded. I award the complainant € 2,000.00 |
Dated: November 28th 2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
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