ADJUDICATION OFFICER RECOMMENDATION.

Adjudication Reference: ADJ-00020936

Parties:

	Complainant	Respondent
Anonymised Parties	A chef	A Restauranteur.

Representatives

self

Did not attend.

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00027587-001	08/04/2019

Date of Adjudication Hearing: 08/08/2019

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969 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.

Background:

The Complainant is a chef employed by the Respondent from 5^th November 2018 until 25/03/2019 at which point the restaurant closed.

The Complainant worked a 42 hour week and was paid €450.

The complaint submitted under the Industrial Relations Act was received by the Workplace Relations Commission on 8^th April 2019.

Summary of Complainant’s Case:

The Complainant alleges that he went into work on 25/03/2019 and was informed that the business was closing and that all staff were going on holidays, he has received no communication from the Respondent since.

The Complainant was never issued with a statement of the particulars of his employment / contract, never issued with a payslip, received no pay for holidays / public holidays and is owed approximately €700 in unpaid wages.

Summary of Respondent’s Case:

The Respondent did not attend the hearing of the Complaint on 8^th August 2019. By letter dated 11^th July 2019 and posted to the Respondent’s business address the Respondent was informed of the details for the hearing of the Complaint.

Findings and Conclusions:

I accept the Complainant’s version of events. I now recommend that the following sums are paid by the Respondent to the Complainant:

No statement of the particulars of employment – compensation of two weeks pay i.e. €900.

Non-payment of wages – the Respondent will pay the sum of €700 to the Complainant as wages not paid.

Holiday pay – the Complainant is entitled to 70 hours holiday entitlement, this equates to a sum of €750 (entitlement from 05/11/2018 to 25/03/2019).

Public Holiday pay – the Complainant is entitled to payment for four Public Holidays i.e. €359.99.

The sums outlined above should be made to the Complainant within 42 days from the date of this Recommendation.

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.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

As outlined above.

Dated: 13^th September 2019

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Industrial Relations Act.