Complainant

Respondent

Parties

Daniel  Aleni

Bellagio Coffee House Limited

Representatives

 Self

 Did not attend the hearing.

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00035233-002

13/03/2020

The Complainant was employed by the Respondent from 29th April 2016 until 21st February 2020. Weekly hours of work varied from 13 hours per week when at college up to 40 hours per week when not in college, averaged over I year approximately 18 hours per week.

The Complainant received the minimum wage per hour worked.

The Complainant contends that he was not paid properly for Public Holidays.

In relation to annual leave the Complainant had to take time off from work at his own expense and never received paid leave during the period of his employment.

The Complainant contends that he never received a Sunday premium and had worked almost every Sunday during his period of employment.

The Respondent did not attend the hearing of the Complaint.

I am satisfied that the Respondent received notification in relation to the arrangements for the hearing of this complaint.

Sections 27 (2)(3) and (4) of the Organisation of Working Time Act, 1997 read as follows:

(2) An employee or any trade union of which the employee is a member, with the consent of the employee, may present a complaint to a rights commissioner that the employee’s employer has contravened a relevant provision in relation to the employee and, if the employee or such trade union does so, the commissioner shall give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, shall give a decision in writing in relation to it and shall communicate the decision to the parties.

(3) A decision of a rights commissioner under subsection (2) shall do one or more of the following:

a)      Declare that the complaint was or was not well founded,

b)      Require the employer to comply with the relevant provision,

c)       Require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 2 years remuneration in respect of the employee’s employment, and references in the foregoing paragraphs to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to such ownership.

(4) A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

In accordance with section 27(4) of the Act the cognizable period is from 14th September 2019 to 13th March 2020.

Public Holidays.

During the cognizable period there were four Public Holidays; October Holiday, Christmas Day, St Stephen’s Day and New Year’s Day.

I find the complaint as presented by the Complainant to be well founded and now order the Respondent to pay to the Complainant the sum of €141.12 (€9.80 x 3.6 x 4).

Annual Leave.

During the cognizable period I calculate that the Complainant would have earned 10 days of annual leave.

I find the complaint as presented by the Complainant to be well founded and now order the Respondent to pay compensation of €352.80 (€9.80 x 36).

Sunday Premium.

During the cognizable period I have estimated that the Complainant would have worked 18 Sundays.

I find the complaint as presented by the Complainant to be well founded and now order the Respondent to pay compensation of €158.76 (18 x 3.6 x 9.80 x 25%).

All monies awarded to the Complainant should be paid within 42 days from the date of this decision.

As outlined above.