Complainant

Respondent

Anonymised Parties

A construction worker

A construction company.

Representatives

Kevin O'Gorman Kevin O'Gorman Solicitors

Did not attend 

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-00014586-001

27/09/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00014586-003

27/09/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00014586-004

27/09/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00014586-006

27/09/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00014586-007

27/09/2017

The complainant alleges that he is owed money in relation to hours worked, holidays and minimum notice.

The complainant withdrew CA 14586 -001 and CA 14586 – 007.

14586 – 003 PW

The complainant alleges that he is owed €2,917.19. At the commencement of his employment he agreed a daily rate of €70 with the respondent. He worked six days a week. Based on an analysis of the sums paid compared with the hours worked the complainant has calculated the sum due to be as above. He calculated the sum as follows:

Month                     days worked                   Sums due

February                3                                         210

March                     24                                       1680

April                      25 plus 17.5 O/T               1903.52

May                       24                                       1680

June                       25                                       1750

July                         22                                      1540

August                     22 plus 7.5 O/T               1605.62

September             25                                        1750

October                   25                                       1750

November             27 plus 17.5 O/T              2043.12

December               12 plus 4 O/T                  875.00

The total amount due was €5,842.19. The complainant was paid the sum of €2,925.00 leaving a balance of €2,917.19.

14586 – 004 OWT

The complainant was never in receipt of holidays or payment in lieu. The complainant calculates based on the number of days worked that he is entitled to € 1233.33 for his annual leave pay.

14586 – 006 MN

The complainant’s employer approached him on the 31st December, 2016 and informed him that he was being let go. He was asked to leave that day and was not paid in lieu of Notice.

There was no appearance for or on behalf of the respondent. I am satisfied having made enquires that the respondent was on notice of the date and time of the remote hearing and was in receipt of the remote hearing link.

14586 – 003

I am satisfied that the complainant has correctly calculated the sums due and owing in relation to his wages. He kept diaries of the hours and days worked. Based on his uncontested evidence and the documentation produced, I am satisfied that the complaint is well founded and the complainant is entitled to € 2,917.19.

14586 – 004

Organisation of Working Time Act, 1997

19.— (1) Subject to the First Schedule(which contains transitional provisions in respect of the leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “ annual leave”) equal to—

( a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

( b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or

( c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks):

Provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater.

F14 [ (1A) For the purposes of this section, a day that an employee was absent from work due to illness shall, if the employee provided to his or her employer a certificate of a registered medical practitioner in respect of that illness, be deemed to be a day on which the employee was —

(a)  at his or her place of work or at his or her employer’s disposal, and

(b) carrying on or performing the activities or duties of his or her work.

(2) A day which would be regarded as a day of annual leave shall, if the employee concerned is ill on that day and furnishes to his or her employer a certificate of a registered medical practitioner in respect of his or her illness, not be regarded, for the purposes of this Act, as a day of annual leave.

(3) The annual leave of an employee who works 8 or more months in a leave year shall, subject to the provisions of any employment regulation order, registered employment agreement, collective agreement or any agreement between the employee and his or her employer, include an unbroken period of 2 weeks.

(4) Notwithstanding subsection (2) or any other provision of this Act but without prejudice to the employee’s entitlements under subsection (1), the reference in subsection (3) to an unbroken period of 2 weeks includes a reference to such a period that includes one or more public holidays or days on which the employee concerned is ill.

(5) An employee shall, for the purposes of subsection (1), be regarded as having worked on a day of annual leave the hours he or she would have worked on that day had it not been a day of annual leave.

(6) References in this section to a working week shall be construed as references to the number of days that the employee concerned usually works in a week.

The complainant worked for 10 months. Allowing for annual leave of one third of a week's pay for each month, approximately 117 hours were worked.   The complainant was earning a gross figure of €370 gross per week, net €350.00 he is entitled to €1,230.33 for his annual leave

14586 – 006

Minimum Notice and Terms of Employment Act 1973

4.— (1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

(2)    The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—

( a) if the employee has been in the continuous service of his employer for less than two years, one week,

The complainant commenced is employment on the 26.02.2016 and his employment was terminated on the 31.12.2016. On that basis, pursuant to Section 4 (2) (a) he is entitled to one weeks’ notice amounting to € 420.00.

14586 – 003

The complaint is well founded. I award the complainant €2,917.19

14586 – 004

The complaint is well founded. I award the complainant €1,233.33

14586 – 006

The complaint is well founded. I award the complainant €420.00