ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00022874
Parties:
| Complainant | Respondent |
Anonymised Parties | Hygiene Operative | Cleaning Company |
Representatives | Rory O'Brien McIntyre O'Brien Solicitors | The respondent did not attend and was not represented at the hearing |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029463-001 | 04/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00029463-002 | 04/07/2019 |
Date of Adjudication Hearing: 03/01/2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 7 of the Terms of Employment (Information) Act 1994 and/or Section 11 of the Minimum Notice & Terms of Employment Act, 1973 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).
Summary of Complainant’s Case:
The claimant was employed as a hygiene operative with the respondent from the 23rd.May 2018 to the 25th.Jan.2019. It was submitted that the respondent was in breach of the Terms of Employment (Information) Act 1994 for failing to furnish the claimant with written terms and conditions of employment in accordance with Section 3. It was submitted that in and around the 24th.January 2019, the claimant was approached by his manager and advised that there was an incident with a locker at the workplace where the claimant was based. The claimant denied any involvement in the incident and the manager informed the claimant to return his work items and that he was being dismissed from the company. It was asserted that no disciplinary hearing took place but it was acknowledged that the claimant did not have the requisite service to rely on the protection of the Unfair Dismissals Act. It was submitted that the respondent was in breach of the Minimum Notice and Terms of Employment Act 1973-2001 for failing to give the claimant notice of one week . |
Summary of Respondent’s Case:
The respondent did not attend and was not represented 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.
Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant, I am upholding the complaint and require the respondent to pay the claimant €842.40 compensation for this breach of the Act.
Section 11 of the Minimum Notice and Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant, I am upholding the complaint and I require the respondent to pay the claimant €421.20 compensation for this breach of the Act.
Dated: August 14th 2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea