ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023826
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Restaurant |
Representatives |
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Complaint(s):
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-00030461-004 | 23/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00030461-005 | 23/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00030461-006 | 23/08/2019 |
Date of Adjudication Hearing: 03/02/2020
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly B.L.
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 Section 8 of the Unfair Dismissals Acts, 1977 - 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.
Summary of Complainant’s Case:
CA 00030461-004 The complainant was never given her written terms of employment. CA 00030461 -005 The complainant commenced working for the Respondent in August,2017. She is a student, so when she was at College, she worked 20 hours per week and during her holidays she worked 40 hours per week. The complainant received € 450.00 net when she worked 40 hours per week. She did not get payslips. In August,2019 while the complainant was in the United Kingdom on vacation, she received a text message from her employer stating that her employment was being terminated because she was always late and because he only wanted employees who didn’t take annual leave. She sent a text back looking for some clarification, but none was forthcoming. The complainant was never disciplined for being late. The complainant got another job a few weeks later. It is in a ‘Take-Away’ . At the moment she is working 20 hours per week because she is back in College. The complainant was not paid her notice pay. |
Summary of Respondent’s Case:
No appearance for or on behalf of the Respondent. I am satisfied having made enquires that the respondent was on notice of the date, time and venue for the hearing. |
Findings and Conclusions:
CA 00030461- 004 I am satisfied, based on the complainant’s uncontested evidence that the Respondent was in breach of its obligations pursuant to Section 3 of the Act. S3.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment. The complaint is well founded. I award the complainant € 2,055.00 CA 00030461-005 The complainant was dismissed from her employment in the absence of any procedures whatsoever. In doing so the respondent denied the complainant her right to fair procedures and natural justice. The complaint is well founded. I award the complainant compensation in the amount of € 2,000.00 CA 00030461-006 I am satisfied based on the complainant’s uncontested evidence that she was not paid her notice. The complainant commenced working for the respondent at the end of August, 2017. Her employment ended on the 17th August, 2019. 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, At the time the complainant’s contract was terminated she was working 40 hours per week. She was paid € 450.00 net per week. The complainant did not receive any payslips. Her Gross pay was approximately € 510.00 per week. The complaint is well founded. The complainant is entitled to one weeks’ notice payment amounting to € 510.00
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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 00030461 -004 The complaint is well founded. I award the complainant € 2,055.00 CA 00030461 – 006 The complaint is well founded. I award the complainant € 510.00 |
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA 00030461-005 The complaint is well founded. I award the complainant € 2,000.00 |
Dated: 18th May 2020
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly B.L.
Key Words:
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