ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020440

Parties:

	Complainant	Respondent
Anonymised Parties	A Sous Chef	A Pantry

Representatives

ThomasRyan

Not present

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-00026979-006	12/03/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00026979-013	12/03/2019

Date of Adjudication Hearing: 16/09/2019

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The Complainant was seeking unpaid wages and seeking compensation for the non-provision of a written contract of employment within two months of commencing employment.

Summary of Complainant’s Case:

The Complainant was employed as a Sous Chef from July 23^rd 2018 to November 12^th 2018.

He was told by the Respondent on November 12^th 2018 that they had no work for him and he was being let go immediately.

The Complainant was no provided with a written contract of employment.

The Complainant stated he had received the pay due to him.

The Complainant earned 450 Euro per week.

Summary of Respondent’s Case:

A complaint was received by the Director General of the Workplace Relations Commission

on March 3^rd 2019 alleging that the Respondent contravened the provisions Section 3.1 of the Terms of Employment (Information) Act 1994 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on September 16^th 2019. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and the Respondent was not present at the Hearing.

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

The Complainant advised at the Hearing that he had now received the pay due to him and accordingly I deem claim Number CA-000 26979-006, under the Payment of Wages Act 1991, not well founded.

Section 3.1 of the Terms of Employment (Information) Act 1994 requires an employer to provide an employee with a written statement of terms of employment within two months of commencing employment. Based on the uncontested evidence of the Complainant he did not receive any written contract at all and this was in breach of Section 3.1 of the Terms of Employment (Information) Act 1994 and I award the Complainant 1,000 Euros for this breach of the Act (Ref No CA-000 26979-013)

Dated: 1^st October 2019

Workplace Relations Commission Adjudication Officer: Peter O'Brien