ADJUDICATION OFFICER RECOMMENDATION AND DECISIONS
Adjudication Reference: ADJ-00021670
Parties:
| Complainant | Respondent |
Anonymised Parties | A bingo hall worker | A bingo hall |
Representatives | None | Lisa Weatherstone BL, Peninsula Business Services |
Dispute and Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00028425-001 | 15/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00028425-002 | 15/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00028425-003 | 15/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028425-004 | 15/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028425-006 | 15/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028425-007 | 15/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00028425-008 | 15/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00028425-009 | 15/05/2019 |
Date of Adjudication Hearing: 16/12/2020
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 15th May 2019, the complainant referred complaints and a dispute to the Workplace Relations Commission. After a postponement, they were scheduled for adjudication on the 16th December 2020. This took place remotely.
At the time the hearing was scheduled to commenced, the complainant emailed to acknowledge receipt of €496 paid by the respondent and said that she considered the four other complaints closed. Given that the hearing was starting, and the respondent was in attendance, I opened the hearing. The respondent was represented by Lisa Weatherstone, BL, Peninsula Business Services. One witness attended for the respondent.
In accordance with section 41 of the Workplace Relations Act, 2015 and section 13 of the Industrial Relations Act, 1969 following the referral of the complaints and the dispute to me by the Director General, I inquired into the complaints and the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and the dispute.
Background:
The complainant worked for the respondent between the 5th November 2018 and the 2nd March 2019. She earned €120 per week. The complainant advanced various contraventions of employment statutes, some of which the respondent accepted and paid in advance of the hearing. The respondent denied the other complaints and dispute. |
Summary of Complainant’s Case:
The complainant outlined in the complaint form details of alleged contraventions in respect of her employment with the respondent. The complainant’s email indicated she had received the €496 paid by the respondent in respect of four of the complaints. She indicated that she considered that the matters had been resolved. She did not expressly indicate withdrawal of the complaints, nor did she seek an adjournment. |
Summary of Respondent’s Case:
The respondent made detailed submissions on each of the complaints, acknowledging that monies were due on four of the complaints. The amount of €496 was paid in advance of the hearing. |
Findings and Conclusions:
The complainant did not attend the hearing to outline the basis of a contravention. The respondent acknowledged that monies were owed and paid a total of €496. |
Recommendation and Decisions:
Section 13 of the Industrial Relations Act, 1969 requires that I make a recommendation in relation to the dispute.
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-00028425-001 As the complainant did not attend the adjudication, I do not make a recommendation on the merits of the case. CA-00028425-002 As the complainant did not attend the adjudication, I decide that this complaint of a contravention of the Terms of Employment (Information) Act is not well-founded. CA-00028425-003 Given that the respondent has already paid the complainant €120 in respect of this complaint pursuant to the Payment of Wages Act, I decide that this complaint is, in part, well-founded, to the extent of this €120. CA-00028425-004 Given that the respondent has already paid the complainant €150 in respect of this complaint pursuant to the Organisation of Working Time Act, I decide that this complaint is, in part, well-founded, to the extent of this €150. CA-00028425-006 Given that the respondent has already paid the complainant €106 in respect of this complaint pursuant to the Organisation of Working Time Act, I decide that this complaint is, in part, well-founded, to the extent of this €106. CA-00028425-007 Given that the respondent has already paid the complainant €120 in respect of this complaint pursuant to the Organisation of Working Time Act, I decide that this complaint is, in part, well-founded, to the extent of this €120. CA-00028425-008 I decide that the complaint pursuant to the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities Regulations is not well-founded. CA-00028425-009 As the complainant did not attend the adjudication, I decide that this complaint of a contravention of the Terms of Employment (Information) Act is not well-founded. |
Dated: 23rd February 2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Organisation of Working Time Act |