ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039000
Parties:
| Complainant | Respondent |
Parties | Eoin Kavanagh | Glen Cullen Carpentry & Construction |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Setanta Landers Setanta Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00050164-001 | 03/05/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00050164-002 | 03/05/2022 |
Date of Adjudication Hearing: 26/10/2022
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant worked as a carpenter and joiner apprentice for the Respondent from 17th May 2021 until 22nd April 2022. |
Summary of Complainant’s Case:
CA-00050164-001 The Complainant worked for the Respondent for 48 weeks on an apprentice wage. He subsequently discovered on 21st April 2022, he was never registered as an apprentice. The SEO wage for a new entrant labourer at the time was €14.93 per hour. The Complainant received €260 per week. The Complainant claims for loss of wages. CA-00050164-002 The Complainant claims he did not receive a contract of employment or terms and conditions of employment from the Respondent in breach of S7 of the Terms of Information Act 1994. He received a copy of the code of practice for apprentices. |
Summary of Respondent’s Case:
CA-00050164-001 The Complainant was provided with a contract for the apprenticeship with Solas which he signed on 31st August 2021. He was not employed as a labourer. Due to an oversight, the apprenticeship was not registered with Solas. The Respondent sent the documents to Solas. There is no pay due to the Complainant other than €81.00. CA-00050164-002 The Complainant was provided with a contract of employment and the code of conduct for apprentices from Solas. He signed the form on 31st August 2021 and a copy is provided. |
Findings and Conclusions:
I have heard and considered the submissions and evidence of the parties regarding this complaint. CA-00050164-001 The Complainant made a complaint of breach of S23 of the Act which received by the Workplace Relations Commission on 3rd May 2021. The jurisdiction pursuant to S41 of the Workplace Relations Act 2015 is a period of six months within which the complaint is received. The Complainant entered into a contract with the Respondent as an apprentice carpenter and joiner with Solas on 31st August 2021. The Sectoral Employment Order for the Construction Industry for 2021 Statutory Instrument 598/2021 provides for payment of an apprentice as 33.33% of craft rate and there was a shortfall of €81.00 payment by the Respondent of this rate. However, it subsequently came to the Complainant’s attention on 21st April 2022 that he was never registered as an apprentice by the Respondent. This has necessitated the Complainant repeating the first year of his apprenticeship at a financial loss. The Complainant says he should be paid at the new entrant rate for labourers at €14.93 per hour in the sector for the time worked. The Respondent has made submissions regarding performance and safety concerns about the Complainant’s work, and that he required supervision. The Complainant accepts concerns were raised, he was late on occasion and missed some days of work. In the circumstances, as the Complainant did not work as a labourer and was subject to supervision, I am not satisfied that the Sectoral Employment Order rate for new entrant labourers applies to the Complainant. The minimum wage in 2021 which applied was 10.20 euro and in 2022 was 10.50 euro. Taking into account, the weekly wage of €260.00 paid by the Respondent during the period of six months prior to receipt of the complaint, I find the Complainant’s financial loss is €4,064.00. I find the complaint is well founded and direct payment of financial loss of €4,060.00 by the Respondent to the Complainant. CA-00050164-002 The Respondent has provided a signed contract of apprenticeship dated 31st August 2021 with the Complainant. The complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00050164-001 I find the complaint is well founded and direct payment of financial loss of €4,060.00 by the Respondent to the Complainant. CA-00050164-002 The complaint is not well founded. |
Dated: 1st September 2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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