ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00024756
Parties:
| Complainant | Respondent |
Anonymised Parties | A waitress | A restaurant |
Representatives | Self | Did not attend hearing |
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-00031526-002 | 11/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00031526-003 | 11/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00031526-004 | 11/10/2019 |
Date of Adjudication Hearing: 18/02/2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed as a waitress by the Respondent from 10th May 2019 until 11th August 2019. This complaint was received by the Workplace Relations Commission on 11th October 2019 and consists of three individual complaints as follows: 1. Complaint referred under section 6 of the Payment of Wages Act, 1991. 2. Complaint referred under section 7 of the Terms of Employment (Information) Act, 1994. 3. Complaint referred under section 27 of the Organisation of Working Time Act, 1997. |
Summary of Complainant’s Case:
The Complainant contends that her wages were never for the correct amount and when she queried this she was informed that the restaurant was in severe financial difficulty and when things changed whatever she was due would be paid to her. The owner of the business disappeared without explaining to employees what was happening. The business eventually closed when the restaurant landlord demanded the keys. The Complainant informed the hearing that she was left short of wages in the amount of €1,935.00, she received no holiday pay valued at €330.00 and she was never issued with a statement of the particulars of her employment pursuant to section 3 of the Terms of Employment (Information) Act, 1994. |
Summary of Respondent’s Case:
The Respondent and/or a representative for the Respondent did not attend the hearing of the complaint nor did they provide any reasons to the WRC why they would not be attending. I am satisfied that correspondence in relation to the date, time and venue for the hearing of the complaint were sent to the Respondent in a timely manner. |
Findings and Conclusions:
From the uncontested evidence adduced at the hearing of the complaint I am satisfied that all three complaints are well founded. CA-00031526-002 – Complaint referred under section 6 of the Payment of Wages Act, 1991. I order the Respondent to pay the Complainant the sum of €1,935.00 in unpaid wages. CA – 0031526 – 003 – Complaint referred under section 7 of the Terms of Employment (Information) Act, 1994. I find the complaint well founded and order the Respondent to pay the Complainant compensation of €500. CA – 00031526 – 004 - Complaint referred under section 27 of the Organisation of Working Time Act, 1997. The complainant is due €330 for accrued annual leave not taken. This amount should be paid to the Complainant. All monies awarded to the Complainant should be paid within 42 days from the date of this decision.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
As outlined above. |
Dated: 01/09/2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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