ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028141
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Public House |
Representatives | Siobhan McCormack North Connacht and Ulster Citizens Information Centre | Cormac Mohan Fitzwilliam Corporate Insolvency |
Complaint(s):
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-00035135-010 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035135-012 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035135-015 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00035135-016 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035135-017 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035135-018 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00035135-019 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00035135-020 | 27/02/2020 |
Date of Adjudication Hearing: 27.6.2022; 19.12.2022; 14.11.23
Workplace Relations Commission Adjudication Officer: Emile Daly
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 complaints being pursued by the Complainant are:
CA-00035135-010 – Terms of Employment CA-00035135-012 – Annual Leave CA-00035135-015 – Premium payment for Sunday Hours (OWTA) CA-00035135-017 – Public Holidays (OWTA) CA-00035135-018 – Payment of Wages CA-00035135-012 – Annual Leave (OWTA) CA-00035135-020 – Minimum Notice
All other complaints are withdrawn
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Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence:
His employment with the Respondent commenced on 7 August 2019 His employment ended without notice on 19 January 2020. CA-00035135-010 – Terms of Employment The Complainant claims that he was not provided with his terms of employment in writing within two months of commencing employment on 7 August 2019. He claims 4 weeks compensation.
CA-00035135-012 – Annual Leave The Complainant claims that at the end of his employment he was entitled to annual leave of 37 hours at an hourly rate of €12.50 per hour, which he did not receive and was not paid in lieu. He claims the sum of € 462.50
CA-00035135-015 – Premium payment for Sunday Hours (OWTA) The Complainant claims that by the end of his employment he had worked 264 Sunday hours and was not paid a premium for working on Sundays. He claims a premium uplift of 25 % on his Sundays wages (of €3300). He claims the amount of €825.00
CA-00035135-017 – Public Holidays (OWTA) The Complainant claims that at the end of his employment he was entitled but was not paid for 5 public holidays at a daily rate of € 150. He claims the amount of € 750.
CA-00035135-018 – Payment of Wages The Complainant claims that wages of €125 net pay were unlawfully withheld at the end of his employment
CA-00035135-020 – Minimum Notice The Complainant claims that he was entitled to 1 week of minimum notice. He claims that he neither received notice nor a payment in lieu. He claims the amount of €634.87
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Summary of Respondent’s Case:
The Respondent is in liquidation and the Liquidator does not contest the evidence of the Complainant. |
Findings and Conclusions:
I am satisfied on the evidence of the Complainant, which, having been investigated by the Liquidator, is not in dispute, that each and every complaint, as set out below, is well founded. CA-00035135-010 – Terms of Employment Applying the WRC Adjudication decision of Denise Ryan Smart School Accounting Ltd t/a Smart School Accounting (Adj 30153) which held that where an employee has not received a written contract in respect of a job that she has been appointed to, that the contravention of section 3 of the Terms of Employment (Information ) Act 1994 remains a subsisting and continuing event from two months after the commencement of the employment for as long as the employment relationship lasts I accept that even though the breach occurred in January 2018 the complaint is within time. I accept that the Complainant did not receive a written contract within two months of the commencement of her employment (which was the law then) This complaint is well founded. I award the Complainant two weeks wages, €1269.75
CA-00035135-012 – Annual Leave I am satisfied that this complaint is well founded. I award € 462.50
CA-00035135-015 – Premium payment for Sunday Hours (OWTA) I am satisfied that this complaint is well founded. I award €825.00
CA-00035135-017 – Public Holidays (OWTA) I am satisfied that this complaint is well founded. I award € 750.
CA-00035135-018 – Payment of Wages I am satisfied that this complaint is well founded. I award €125
CA-00035135-020 – Minimum Notice I am satisfied that this complaint is well founded. I award €634.87
All other complaints are withdrawn. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00035135-010 – Terms of Employment I am satisfied that this complaint is well founded, I award €1269.75
CA-00035135-012 – Annual Leave I am satisfied that this complaint is well founded. I award € 462.50
CA-00035135-015 – Premium payment for Sunday Hours (OWTA) I am satisfied that this complaint is well founded. I award €825.00
CA-00035135-017 – Public Holidays (OWTA) I am satisfied that this complaint is well founded. I award € 750.
CA-00035135-018 – Payment of Wages I am satisfied that this complaint is well founded. I award €125
CA-00035135-020 – Minimum Notice I am satisfied that this complaint is well founded. I award €634.87
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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