ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference:  ADJ-00032452

Parties:

Complaint(s):

Date of Adjudication Hearing:  27/07/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

No objections were raised to the remote hearing.

Background

 The complainant submitted that she was employed by the respondent from the 16th July to the 6th September 2020

The complainant submitted that she is owed €227, Public Holiday entitlement, Unfair Dismissal and Minimum Notice.

The Respondent has rejected the complaint and submitted that the complainant was employed from the 23rd July.

Summary of Complainant’s position

CA-00042962-001 Payment of Wages Act 1991

 The complainant submitted that she worked as a shop assistant on the 16th, 17th and 20th July from 9am to 6pm alongside other employees and she was not paid for these hours and she was not paid her holiday pay for the hours worked

Summary of Respondent’s position

The respondent submitted that the complainant was taken on for 3 days training i.e., 16th, 17th and 20th July 20. He stated that this was confirmed to her at the commencement of her employment. He submitted that the first 3 days were training days where the complainant would not get paid for these hours. It was stated that this was part of the policy for new employees to get to know the products in the shop.

Findings

 I have examined the contract of employment that was submitted to the WRC

It states that the commencement date is the 16th July 2020 with a rate of pay of €10.10 per hour

I find that the complainant worked along other employees during the three days, and she was entitled to payment as per her contract of employment.

I find that complainant worked 9am to 6 pm with a 1-hour unpaid lunch break I find that she worked 8 hours on each of the three days. I find that the complainant was entitled to payment of holidays for hours worked for the respondent.

CA-000422962 –002 Ca-00042962-005

Organisation of Working Time Act 1997

The complaint submitted that the respondent did not pay her the Public Holiday entitlement   as she had the 40 hours worked in the previous 3 weeks

The respondent submitted that the complainant had not worked the required number of hours preceding the Public Holiday.

Findings

The Act states

4) Subsection (1) shall not apply, as respects a particular public holiday, to an employee (not being an employee who is a whole-time employee) unless he or she has worked for the employer concerned at least 40 hours during the period of 5 weeks ending on the day before that public holiday.

I find that having examined the hours of work the complainant was working a 40-hour week from the 16th July and as such she has qualified for payment for the public Holiday on the 3rd August 20

Ca-00042962-003

Unfair Dismissal Act 1977

The employee submitted that she was Unfair dismissed for seeking her entitlements

The employer denied and refuted the allegation

Findings

No evidence was presented to support the complainant case

CA 00042962-004

Minimum Notice 7 Terms of Employment Act 1973

The complainant submitted that she had not received all her rights during the period of notice

The respondent denied that allegation

Findings

The complainant was employed from the 16th July 2020 until the 6th September 2020 a period of 8 weeks.

Section 4

Decisions

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00042962-001 Payment of Wages Act 1991

Based on the evidence I have decided the complaint to be well founded and I award the complainant €227 for hours worked plus €18 for holiday pay making a total of €245 due

Working Time CA-000422962 –002 Ca-00042962-005

Organisation of Act 1997

I have decided the complaint is well founded and I award the Complaint €80.00

Ca-00042962-003

Unfair Dismissal Act 1977

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.

I have decided that the complaint is not well founded and falls.

CA 00042962-004

Minimum Notice 7 Terms of Employment Act 1973

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the complaint is not well founded and falls.

Dated:   26/08/21

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

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