ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046827
Parties:
| Complainant | Respondent |
Anonymised Parties | Trainee Barber | Barbers Shop |
Representatives | Mother | No attendance |
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-00057780-001 | 18/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00057780-002 | 18/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00057780-003 | 18/07/2023 |
Date of Adjudication Hearing: 06/12/2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s). A notice of the hearing was issued to the parties on 27 October 2023. There was no engagement with the WRC by the Respondent at any stage. It appears that the Respondent has ceased trading at the address provided. As the Complainant is a minor, I have decided to exercise my discretion in anonymising the decision. The Complainant gave sworn evidence.
Background:
The Complainant was employed by the Respondent as a trainee barber. The complaints are concerned with a refusal to allow him to work his notice or payment lieu; unpaid holiday pay; a failure to provide a statement of terms of employment at any stage in the employment relationship. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent as a trainee barber from 25.05.22 to 05.07.23. During term time he worked on Friday/Saturday. During school holidays he worked full time. At the time when the employment relationship ended in 2023, he was in receipt of relationship ended in 2023 he was in receipt of €300 gross and nett for full time working. At no stage was he provided with written terms of employment and is seeking compensation. In October 2022 he was paid three days holiday pay with time off. He received no other holiday pay. He has calculated that he is owed 65.24 hors holiday pay based on 8% of his hours worked excluding the three paid days and to periods when he out of work due to injury/illness. On Friday 30 June he informed the manager that he was finishing up to go working with another barber. The Complainant gave a weeks notice. He was booked off on the Saturday. The business was closed on the following Monday. On Tuesday he worked as normal. On Wednesday 5 July, the manager spoke to him in the afternoon-asking him what he was doing ‘in his shop’ and making it very clear that he was not wanted, that he was to leave. The Complainant described the incident as very upsetting as he had no idea what he had done wrong. He left work as instructed. There was no further contact from the Respondent after that final day. His mother provided a copy of a letter she had sent to the Respondent regarding outstanding wages/holiday pay but received no response or payments. The complaint under the Payment of Wages Act 1991 is for the final weeks wages when he worked and also was not allowed to work out his notice period. Additional difficulties with registration with Revenue were referenced on behalf of the Complainant and while they appear to support a general absence of regard for employment rights in the case of the Complainant, matters involving the Revenue Commissioners are a separate matter from this current investigation and related legislation. It should be noted that, while reference was made by the Complainant side to a possible constructive dismissal claim and a breach of the Minimum Wage Act, any such issues were not considered in arriving at decisions in the complaints properly referred. |
Summary of Respondent’s Case:
No attendance-no evidence or information in response to the complaints. |
Findings and Conclusions:
I found the evidence of the Complainant credible. I found no reason to doubt that his mother had written on his behalf Complainant seeking payment of outstanding monies. In the absence of any information or evidence to counter the complaints, the complaints will be treated as well founded leading to awards of appropriate compensation in the decisions below. The Complainants calculations in respect of unauthorised deductions or payments withheld are accepted as accurate. The rate of the minimum wage is used to calculate the unpaid holiday pay -with additional compensation for the failure to ensure the Complainant received holiday pay during the employment relationship and the failure to deal with the make the relevant payments when they fell due, or in response to subsequent correspondence. The maximum payable award is considered justified under the Terms of Employment Information Act 1994. In circumstances where the Complainant was working out his notice and the Respondent cut that period short-the Respondent is liable for the payment of the full weeks wages due for that week. I note the young age of the Complainant and I consider it important that where a young persons statutory rights are breached that there be compensation for those breaches beyond the minimum available. |
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-00057780-001 Payment of Wages Act 1991 as amended The complaint is well founded. The Respondent is to pay the Complainant €300 nett compensation CA-00057780-002 Organisation of Working Time Act 1997 as amended. The complaint is well founded. The Respondent is to pay the Complainant a total of €700.00 in compensation. CA-00057780-003 Terms of Employment Information Act 1994 as amended. The complaint is well founded. The Respondent is to pay the complainant €1200 compensation. |
Dated: 12th December 2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Wages/Holiday pay due on termination/non-payment. |