ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025489
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Waitress} | {A Restaurant} |
Representatives | Brendan Byrne Unite regional Officer | Did not attend |
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-00032373-001 | 21/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00032373-002 | 21/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00032373-003 | 21/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00032373-004 | 21/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00032373-005 | 21/11/2019 |
Date of Adjudication Hearing: 29/01/2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 is a non- national. She worked with the Respondent from 19th October 2018 to 31 October 2019 as a waitress. |
Summary of Complainant’s Case:
CA-00032373-001 The Complainant is owed pay of €290 for 29 hour and €210 for 21 hours total €500 wages for weeks of 27th October 2019 and 3rd November 2019 from the Respondent which is now closed. CA-00032373-002 The Complainant did not receive a written statement of her terms and conditions of employment in accordance with S3 of the Terms of Employment (Information) Act 1994. She requested this on a number of occasions. CA-00032373-003 The Complainant did not receive payment in respect of 6 public holidays in 2019 for October, August, May, June, April and January 2019 total €480. The Respondent promised he would pay her for the public holidays later. She requests an extension of time to allow her claim in respect of the public holiday on 1st January 2019 due to the Respondent’s representations. CA-00032373-004 The Complainant did not receive payment in respect of 3.82 hours annual leave total owed €38.20. CA-00032373-005 The Complainant is due 2 weeks wages of €394 notice of termination pursuant to the Minimum Notice and Terms of Employment Act 1973. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Complainant. |
Findings and Conclusions:
CA-00032373-001 I find this claim is well founded. I direct payment of €500 wages by the Respondent to the Complainant pursuant to S6 of the Payment of Wages Act 1991. CA-00032373-002 This complaint is well founded. The Complainant made a number of requests for a written statement of her terms and conditions of employment which was never furnished by the Respondent. Accordingly, I award the Complainant compensation of 4 weeks wages of €788.08 pursuant to S5 of the Terms of Employment (Information) Act 1994. CA-00032373-003 The Complainant has sought an extension of time to claim a payment of one public holiday due from 1st January 2019 as she was promised the payment would be made later by the Respondent. As a non-national the Complainant was not aware of the extent of her legal rights and the obligation to make a claim under the Act within 6 months of the contravention of the Act. The delay was short and was not unreasonable. In the circumstances, I find there is reasonable cause to extend time. The complaint is well founded and I direct payment by the Respondent to the Complainant of 6 public holidays of €480.00 pursuant to S27 of the Organisation of Working Time Act 1997. CA-00032373-004 The Complainant did not receive payment in respect of 3.82 hours annual leave total €38.20. The complaint is well founded and I direct payment of €38.20 by the Respondent to the Complainant. CA-00032373-005 The Complainant is due 2 weeks wages of €394 notice of her dismissal pursuant to the provisions of the Minimum Notice and Terms of Employment Act 1973. The complaint is well founded and I direct payment of €394 by the Respondent to the Complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00032373-001 I direct payment of €500 wages by the Respondent to the Complainant pursuant to S6 of the Payment of Wages Act 1991. CA-00032373-002 I award the Complainant compensation of 4 weeks wages of €788.08 pursuant to S5 of the Terms of Employment (Information) Act 1994. CA-00032373-003 I find there is reasonable cause to extend time. The complaint is well founded and I direct payment by the Respondent to the Complainant of 6 public holidays of €480.00 pursuant to S27 of the Organisation of Working Time Act 1997. CA-00032373-004 The complaint is well founded and I direct payment of €38.20 by the Respondent to the Complainant. CA-00032373-005 The complaint is well founded and I direct payment of €394 by the Respondent to the Complainant. |
Dated: 28/08/2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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