ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028195
Parties:
| Complainant | Respondent |
Parties | Piotr Woznica | Alu-Dream Limited |
Representatives | In person | No attendance |
Complaints:
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-00036206-001 | 18/05/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00036206-002 | 18/05/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00036206-003 | 18/05/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00036206-004 | 18/05/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00036206-005 | 18/05/2020 |
Date of Adjudication Hearing: 18/05/2021
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints / disputes.
Background:
The Complainant worked for the Respondent as a construction fitter from 11.11.19 until 26.1.20 |
Summary of Complainant’s Case:
CA-00036206-001 – Pay: The Complainant gave evidence that despite being furnished with a pay slip that he was not paid for the last week of his employment. He claims net pay (for the period 20-24 January 2020) ie €357.71 CA-00036206-002 – OWT: Annual Leave Pay for 23.94 hours – at €16 per hour gross (€383.04) CA-00036206-003 – OWT: The Complainant gave evidence that he was not paid for one bank holiday for New Year Day 2020 and claims net pay of €128.00 CA-00036206-004 – T&C: The Complainant did not receive a contract. The contract on the paperwork that was sent by the Respondent to the WRC was not received by the Complainant and the signature endorsed on the contract is not the Complainant’s signature. CA-00036206-005 – T&C: Duplicate complaint to CA-00036206-004. Withdrawn at hearing
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Summary of Respondent’s Case:
No Appearance |
Findings and Conclusions:
CA-00036206-001 – On the uncontested evidence of the Complainant I find this complaint to be well founded and I award the amount claimed under this heading: €357.71 CA-00036206-002 - On the uncontested evidence of the Complainant I find this complaint to be well founded. In calculating the loss I have treated the loss as being equivalent to 4 days unpaid annual leave, calculated in terms of net loss, i.e. €357.71 CA-00036206-003 - On the uncontested evidence of the Complainant I find this complaint to be well founded and I award the amount claimed: €128.00 CA-00036206-004 – On the uncontested evidence of the Complainant I find this complaint to be well founded and I award him one week’s salary at €357.71 CA-00036206-005 – I note that this complaint is withdrawn |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints / disputes in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the reasoning stated above and as the Respondent did not provide any counter evidence to the Complaints made, I find these complaints to be well founded and I award the Complainant as follows: CA-00036206-001: €357.71 CA-00036206-002: €357.71 CA-00036206-003: €128.00 CA-00036206-004: €357.71 |
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Dated: 30-09-21
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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