ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024425
Parties:
| Complainant | Respondent |
Anonymised Parties | Kitchen Assistant | Food Production Company |
Representatives | Self-represented | No representation |
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-00031085-001 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00031085-002 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031085-003 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00031085-004 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00031085-005 | 20/09/2019 |
Date of Adjudication Hearing: 22/01/2020
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Terms of Employment (Information) Act 1994, Minimum Notice & Terms of Employment Act 1973, Payment of Wages Act 1991 and Organisation of Working Time Act 1997, following 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.
Background:
The Complainant received an email from the Respondent on 20th August 2019 stating that the business was closing due to financial unviability. There was no notice, or payment in lieu of same and no payment in lieu of annual leave accrued and not taken and public holidays. |
Summary of Complainant’s Case:
The Complainant stated that she was employed by the Respondent from 28th January 2019 to 20th August 2019, when she received a text message from the employer stating that they no longer required her services as the business was closing for financial reasons. The Complainant submitted calculations which showed payments owed by the employer to her for Public Holiday / Annual leave. The Complainant also submitted that she did not receive a written contract of employment and no notice of the termination of her employment or payment in lieu. |
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Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
CA-00031085-001 Terms of Employment (Information) Act 1994
Section 3 of the Terms of Employment obliges employers to furnish employees with written terms of conditions of employment within two months of commencement of employment. I find that the Complainant received no such written terms and her complaint is well founded.
CA-00031085-002 Minimum Notice & Terms of Employment Act 1973
The Respondent failed to give the statutory minimum notice as provided for in the Act which provides at Section 4 of the Act for a period of one week for employees with less than two years’ service. The Complaint is well founded.
CA-00031085-003 Payment of Wages Act 1991
The Respondent failed to give notice to the Complainant as provided for in the legislation. I find therefore that the wages properly payable for the period is the sum of €320. I find the complaint to be well founded.
CA-00031085-004 Organisation of Working Time Act 1997
The Complainant submitted calculations for a deficit in payments she received in relation to public holidays and annual leave accrued and not taken at the end of her employment. The Complainant explained that the Respondent sometimes described public holiday pay as holiday pay, but the calculations she submitted were in accordance of pay not received for the hours calculated as due. I find the Complainant has not received payments for a total of 27 hours and her complaint is well founded.
CA-00031085-005 Terms of Employment (Information) Act 1994
This is a duplicate of CA-00031085-001
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Decision:
CA-00031085-001 Terms of Employment (Information) Act 1994
I have decided that the Complainant’s complaint is well founded, and I require the Respondent to pay to the Complainant the sum of €640 compensation for breach of the Act.
CA-00031085-002 Minimum Notice & Terms of Employment Act 1973
I have decided that the Complainant’s complaint is well founded.
CA-00031085-003 Payment of Wages Act 1991
I have decided that the Complainant’s complaint is well founded, and I require the Respondent to pay to the Complainant the sum of €320.
CA-00031085-004 Organisation of Working Time Act 1997
I have decided that the Complainant’s complaint is well founded, and I require the Respondent to pay to the Complainant the sum of €270 being the monetary value, together with compensation of €500 for breach of the Act.
CA-00031085-005 Terms of Employment (Information) Act 1994
This is a duplicate of CA-00031085-001.
Dated: 25-08-2020
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Minimum Notice, Terms of Employment Information Act. |