Complainant

Respondent

Parties

Joseph Gallagher

Mochua Print & Design ETS Printers

Representatives

  none

Thomas Ryan Peninsula

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-00042532-001

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997

CA-00042532-002

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00042532-003

WD at hearing

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00042532-004

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00042532-007

WD at hearing

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001

CA-00042532-008

WD at hearing

16/02/2021

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

CA-00042532-009

WD  at hearing

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00042532-010

WD at hearing

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00042532-011

WD at hearing

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 16 of the Protection of Employees (Part-Time Work) Act, 2001

CA-00042532-012

WD at hearing

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00042532-013

WD at hearing

16/02/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00042532-014

WD at hearing

16/02/2021

The employee commenced employment with the employer in June 2021 as production Manager. He was paid on a monthly basis averaging €550 net per week. The Covid had a major impact on the business and the employee was laid off. In august 2020, based on the needs of the business, the employee was brought back working an average of 3 days per week and his wages were paid in accordance with the reduced hours. The Employee confirmed that he was not sure how to fill out  the Workplace Relations Complaint form and accordingly he ticked all the boxes. He accepted that an number oof complaints may not be relevant to his case and these would be withdrawn.

The following cases were withdrawn at the hearing;

CA-00042532-003/ Ca-00042532-007/ Ca-00042532-008/Ca-00042532-009

CA-00042532-010/Ca-00042532-011/Ca-00042532-012/CA-00042532-013

Ca-000425342-014

Ca-00042532-001

Organisation of Working Time Act 1997

The employee stated that he was not notified of any additional hours for work.by the employer. The Employer stated that due to the needs of the business the employee was paid an average of 3 days per week

Ca-00042532-002

Band of hours.

The employee stated that he was not placed on the appropriate band of hours. The employer stated that the employer was a full-time worker and not covered by this legislation.

Ca-42532-004

Terms of Employment (Information) Act 1994

Employee’s position

The employee stated that he was not notified inwriting when there was a change to his terms of employment

Employers position.

The Employer stated that the employee was put on reduced hours based on the needs of the business. The employer stated that the employee signed a diary each day/week and he was fully familiar with the process.

Ca-00042532-005

Bullying and Harassment

The employee stated that felt bullied and harassed by the employer in the manner that he was treated. He stated that work that would normally be done by him was carried out by Management. The employer strongly denied that the employee was bullied or harassed in any way. It was submitted that a very good working environment existed in the workplace. This was confirmed by the employee at the hearing.

Ca -00042532-010

Minimum Notice & Terms Of Employment 1973 Act

The employee stated that he did not receive his statutory minimum notice on termination of his employment.

The employer stated that the employee gave his own notice and worked it accordingly.

Ca-00042532-001

Organisation of Working Time Act 1997

Findings

I find that due to the circumstances that prevailed with Covid it was very difficult for all parties at the time.  I find that the employee was paid for 3 days a week regardless of hours worked.

Ca-00042532-002

Band of hours.

Findings

The employee was a full-time employee and not a part time worker he was currently working reduced hours and at no stage did the employee request a band of hours.

Ca-42532-004

Terms of Employment (Information) Act 1994

Findings

I find that the employee should have got a statement to say that his hours were being reduced on a temporary basis and the implications that this would have for him.

I find that a system was in place while working full time that over time was not paid for and instead time was given. I find that this situation should have been clarified to the employee when he was back on temporary reduced working hours. I also find that his position of Production Manager was also changed while on reduced hours. This evidence came to light during the hearing when work that would have normally been done by the employee was carried out by other Management members.

I find that while the employee was brought back on reduced hours based on the needs of the business there was an onus on the employer to confirm to the employee in writing   the implications of the reduced hours.

I find the fact that the employee signed the desk diary this was a recorded for hours worked but no explanation was given to the employee.

I also find that an issue arose in relation to annual leave that was due to the employee at the end of the year and the calculation of  hours in January   bearing in mind the holidays that the employee had accrued.

Ca-00042532-005

Bullying and Harassment

Findings

I find that while the employee felt bullied and harassed no specific examples were submitted at the hearing I find that had the employer confirmed the working arrangements while on reduced hours for the employee it would have  clarified the position.

Ca -00042532-010

Minimum Notice & Terms Of Employment 1973 Act

Findings

I find that the employee gave and worked his notice.

Decision:

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

Ca-00042532-001           I find that the complaint is not well founded and falls

Ca-00042532-002            I find that the complaint is not well founded and falls

Ca-00042532-004            I find the complaint to be well founded and I award him €1000 in

                                            compensation

Ca-00042532-005            I find the complaint is not well founded and falls

Ca-00042532-010            I find the complaint is not well founded and falls