ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027602
Parties:
| Complainant | Respondent |
Parties | Elisa Beudin | Airam Investments Limited |
Representatives | Independent Workers Union | Not present |
Complaint(s):
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-00035776-001 | 20/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035776-002 | 20/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00035776-003 | 20/04/2020 |
Date of Adjudication Hearing: 09/02/2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant made complaints for unpaid wages, holiday pay and public holidays. The Complainant also complained she did not get written Terms of Employment. |
Summary of Complainant’s Case:
The Complainant worked for the Respondent during the period of October 2019 to January 2020. Her unpaid working hours were as follows from the 22/10/2019; October 2019 90 hours €900 unpaid November 2019 49 hours €490 unpaid December 2019 51.5 hours €515 unpaid January 2020 9 hours €90 unpaid The total amount of unpaid wages was €1,995. The Complainant had a total Annual Leave entitlement to 15.96 hours. This amounts to €159.6 of unpaid holidays. During her employment, the Complainant worked 4 hours on a public holiday. The premium payment due for this work is €100. The Complainant received no written Terms of Employment in contravention of the Act.
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Summary of Respondent’s Case:
Complaints were received by the Director General of the Workplace Relations Commission from the Complainant on April 20th 2020 alleging that her former employer contravened the provisions of the Payment of Wages Act 1977, Organisation of Working Time Act 1991 and the Terms of Employment (Information) Act 1994 in relation to her. The said complaints were referred to me for investigation. A Remote Hearing for that purpose was held on February 9th 2022. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and details of which the Hearing to investigate the complaint would be held and were not present at the Hearing. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant I find in her favour. |
Decision:
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-00035776-001 Payment of Wages Act 1977 The Complaint is well founded and I award the Complainant 1,995 Euros. CA-00035776-002 Organisation of Working Time Act 1991 The Complaint is well founded and I award the Complainant 259.60 Euros. CA-00035776-003 Terms of Employment (Information) Act 1994 The Complaint is well founded as the Complainant did not receive written terms of employment within two months of commencing employment as required by the Act and I award the Complainant 720 Euros. |
Dated: 14th February 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
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