ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026076
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Takeaway Restaurant |
Representatives | N/A | N/A |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00033171-002 | 09/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00033171-003 | 09/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00033171-004 | 09/12/2019 |
Date of Adjudication Hearing: 05/03/2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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 was employed as a chef by the respondent and was paid €392 per week. He was dismissed on 22nd October 2019 but claimed that he did not receive his statutory notice. |
Summary of Complainant’s Case:
The worker claimed that he was employed by the respondent from 20th November 2018 until he was dismissed on 22nd October 2019. He stated that he did not receive his statutory minimum notice. |
Summary of Respondent’s Case:
The respondent disputed that the complainant started employment on 20th November 2018 and claimed that his employment did not commence until 16th February 2019. The respondent acknowledged that he did not receive his statutory minimum notice. |
Findings and Conclusions:
CA-00033171-002: This complaint was withdrawn CA-00033171-003: This complaint was withdrawn CA-00033171-004: While there was a dispute between the complainant and the respondent over his start date with the company, I note, notwithstanding this disagreement, that the duration of his employment exceeded 13 weeks and that he was therefore entitled to a statutory notice payment of one week’s pay. Given that both parties agreed that this was not paid, I find that this complaint is well founded. |
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.
CA-00033171-004: Given that the complainant did not receive his statutory entitlements under Section 11 of the Minimum Notice & Terms of Employment Act, 1973, I find that this complaint is well founded and that the respondent should therefore pay the complainant the sum of €392, which represents one week’s notice. |
Dated: 25/08/2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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