Complainant

Respondent

Anonymised Parties

Waitress

Restauranteur

Representatives

Self-represented

Did not attend

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00034669-001

16/02/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00034669-002

16/02/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00034669-003

16/02/2020

The complainant commenced work as a waitress with the respondent on the 12/8/2019. She received notice of termination of her employment due to the closure of the business on the 11/2/2020.

She worked between 25-35 hours a week at an hourly rate of €12.

She submitted four complaints to the WRC on 16/2/2020, under the three statutes set out in this decision.

CA-00034669-001:Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

The complainant showed up for work on the 12 February 2020 to find the restaurant was closed and locked. The 11 February was her last working day. She tried to contact the owner, but he failed to reply to her calls. She did not receive her statutory minimum period of notice on the termination of her employment or payment in lieu thereof.

Within the body of the text setting out this complaint, the complainant stated that she did not receive her wages for the last two weeks of her employment. She gave evidence of having received her last salary on the 27 January.

CA-00034669-002:Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

Despite repeatedly asking for her terms of employment, the respondent failed to provide her with written terms of employment.

CA-00034669-003: Complaint seeking adjudication under section 13 of the Industrial Relations Act, 1969

During her employment, there was periods in which she was not paid. These periods could extend up to a month leaving her unable to pay bills and rent. In December 2019, the respondent withheld a week’s wages. She asked the respondent owner for her wages and stated that she would not work for free.  The owner took her into a small room, screamed at her, towered over her physically and told her that she would not get a job elsewhere. There was no procedure in place to allow her to make a complaint about this and similar incidents.

CA-00034669-001:Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973.

 I verified that the respondent was on notice of the adjudication hearing. I waited some time to accommodate a late arrival, but no one joined the meeting on behalf of the respondent. Nor was any submission made on his behalf.

I proceeded with the adjudication in the absence of the respondent.

CA-00034669-002: Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

 I verified that the respondent was on notice of the adjudication hearing. I waited some time to accommodate a late arrival, but no one joined the meeting on behalf of the respondent. Nor was any submission made on his behalf.

I proceeded with the adjudication in the absence of the respondent.

CA-00034669-003: Complaint seeking adjudication under section 13 of the Industrial Relations Act, 1969.

 I verified that the respondent was on notice of the adjudication hearing. I waited some time to accommodate a late arrival, but no one joined the meeting on behalf of the respondent. Nor was any submission made on his behalf.

I proceeded with the adjudication in the absence of the respondent.

CA-00034669-001:Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

 On the basis of the uncontested evidence, I find that the complainant’s employment terminated on the 11/2/2020. I find that the complainant did not receive the minimum notice as per her entitlements under section 4 of the Act of 1973.

I find this complaint to be well founded. I find that the complainant is entitled to one week’s pay.

The complainant’s pay slips indicated a varying number of hours (from 22-34) which result in an average of 27.5 hours worked per week paid at the rate of €12 per hour. Accordingly, I require the respondent to pay the sum of €330.

Within the text of this complaint the complainant stated that she did not receive payment for the last two weeks of her employment. The Act of 1973 provides for one week’s notice for her period of service. The complainant did not request that this complaint be heard under another statute and did not in any way address the nomination of an incorrect statute to hear this element of her complaint. I find that the Minimum Notice & Terms of Employment Act, 1973 does not allow a remedy for the two weeks salary which she did not receive.

CA-00034669-002: Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

The relevant Law.

Section 3.— (1) of the Act of 1994 states

“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”.

Based on the uncontested evidence of the complainant, I find the respondent failed to comply with section 3 of the Act of 1994.I find that the complaint is well founded.

Section 7 of the Act provides, inter alia, for compensation not exceeding 4 weeks remuneration.

I require the respondent to pay the complainant two weeks’ wagesamounting to the sum of €660 which I deem to be an amount that is just and equitable in compensation for this breach.

CA-00034669-003: Complaint seeking adjudication under section 13 of the Industrial Relations Act, 1969.

The complainant was insufficiently specific as to the date when this incident occurred. Notwithstanding this, I accept the complainant’s uncontested evidence that no procedure was in place in the workplace to allow the complainant to process a complaint about the respondent’s behaviour.

 I recommend that the respondent pay the complainant the sum of €330 which represents a week’s wages for the absence of any mechanism to address such behaviour.

CA-00034669-001:Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

I find this complaint to be well founded. I find that the complainant is entitled to one week’s pay.

I require the respondent to pay the sum of €330 to the complainant.

CA-00034669-002: Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

I find that the complaint is well founded. I require the respondent to pay the complainant two weeks’ wagesamounting to the sum of €660 which I deem to be an amount that is just and equitable in compensation for this breach of the Act of 1994.

CA-00034669-003: Complaint seeking adjudication under section 13 of the Industrial Relations Act, 1969

I recommend that the respondent pay the complainant the sum of €330 in settlement of this dispute.

Min notice; incorrect Act identified for non – payment of wages; bullying complaint.