Complainant

Respondent

Parties

William  Moloney

Harry O Donovan

Representatives

  Self Represented

 Self Represented

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00049126-002

10/03/2022

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

CA-00049437-003

30/03/2022

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00049437-004

30/03/2022

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

CA-00049126-002 was received by the WRC on 10 March 2022 and CA-00049437-003 and CA-00049437-004 were received by the WRC on 30 March 2022.

Mr William Moloney, Complainant, appeared along with his wife and brother. Mr Moloney swore an affirmation before commencing his evidence. Mr O’Donovan, the Respondent, swore an affirmation. Each party were given an opportunity to cross examination each other but declined.

There were no submissions by either party. The Complainant did file a copy of the contract he received from the Respondent on the hearing day.

CA-00049126-002

It was the Complainant’s evidence that on 16 August 2022 an envelope was left by the Respondent for him which contained a contract of employment.

CA-00049437-003

This complaint was withdrawn as a duplicate claim.

CA-00049437-004

This complaint was withdrawn as the monies had been paid on 17 March 2022.

CA-00049126-002

The Respondent gave evidence that he did provide a contract of employment but was unsure of the date. In relation to the pay period, the Respondent said it was difficult to commit to when the Complainant can expect payment as it all depends on “finances” and when he gets paid from his clients.

CA-00049437-003

This complaint was withdrawn as a duplicate claim.

CA-00049437-004

This complaint was withdrawn

CA-00049126-002

In the course of the hearing the Respondent agreed to amend the contract of employment and in particular the renumeration clause. He agreed that it would reflect payment of wages to be paid every 3 weeks at a rate of €12.40 per hour for 37.5 hours per week. It is wholly unacceptable that an employee has no certainty as to when and if they are going to be paid their wages.

Terms of Employment (Information) Act, 1994 sets out a clear list of criteria that must be included in the statement of employment in Section 3 including:-

“(g) the rate or method of calculation of the employee's remuneration,

(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,”

I find that while the Complainant has since the date of the complaint being provided with a contract of employment, it is still not in compliance with the legislation. Therefore, I find the complaint is well founded.

CA-00049437-003

This complaint was withdrawn as a duplicate claim.

CA-00049437-004

This complaint was withdrawn at the hearing.

Terms of employment- wages