ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028161
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 27 of the Organisation of Working Time Act, 1997 | CA-00035150-002 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00035150-003 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035150-005 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035150-006 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00035150-007 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035150-008 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00035150-009 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035150-010 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035150-011 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00035150-012 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035150-013 | 27/02/2020 |
Date of Adjudication Hearing: : 27/6/2022 19/12/2022 and 14/11/2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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-00035150-006 – Annual Leave CA-00035150-007 – Minimum Notice CA-00035150-008 – Reasonable Compensation for Sunday Hours CA-00035150-009 – No written terms of contract of employment CA-00035150-010 – Public Holidays
All other complaints are withdrawn |
Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence:
Her employment with the Respondent commenced on 7 May 2018 Her employment ended without notice on 19 January 2020.
CA-00035150-006 – Annual Leave At the end of her employment the Complainant claims she was entitled to annual leave of 75.27 hours at an hourly rate of €12.50 per hour, which she did not receive and was not paid in lieu. She claims the sum of €940.87
CA-00035150-007 – Minimum Notice The Complainant was entitled to 1 week of minimum notice. She claims that she neither received notice nor a payment in lieu. She claims the amount of €797.37
CA-00035150-008 – Reasonable Compensation for Sunday Hours At the end of her employment the Complainant claims she worked 312 Sunday hours was owed a premium payment for working on Sundays. She claims a premium uplift of 25 % on her Sundays wages (of €3900). She claims the amount of €975
CA-00035150-009– No written terms of contract of employment The Complainant claims that she was not provided with her terms of employment in writing within two months of commencing employment on 7 May 2018. She claims the amount of 4 weeks compensation.
CA-00035150-010 – Public Holidays At the end of her employment the Complainant was entitled but was not paid for 5 public holidays at a daily rate of €150.00. She claims the amount of €750 |
Summary of Respondent’s Case:
The Respondent is in liquidation and the Liquidator does not contest the evidence of the Complainant. |
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Findings and Conclusions:
I am satisfied on the evidence of the Complainant, which, having been investigated by the Liquidator, is not in dispute, and I find that each and every complaint as set out below, to be well founded. CA-00035150-006 – Annual Leave The claim of unpaid annual leave of €940.87 is well founded
CA-00035150-007– Minimum Notice The claim of 1 week in lieu of minimum notice (€797.37) is well founded.
CA-00035150-008– Reasonable Compensation for Sunday Hours The claim of a premium uplift of 25 % on her Sundays wages (of €3900) which amounts to €975 is well founded
CA-00035150-009– No written terms of contract 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 on 7 July 2020 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 her 2 weeks compensation of €1594.75 CA-00035150-010 – Public Holidays The claim for 5 unpaid public holidays (€750) is well founded. All other complaints are withdrawn.
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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-00035150-006 – Annual Leave This complaint is well founded. I award €940.87
CA-00035150-007– Minimum Notice This complaint is well founded. I award €797.37
CA-00035150-008– Reasonable Compensation for Sunday Hours This complaint is well founded. I award €975
CA-00035150-0009– No written terms of contract of employment This complaint is well founded. I award €1594.75 CA-00035150-010 – Public Holidays This complaint is well founded. I award €750 All other complaints are withdrawn. |
Dated: 30th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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