ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028167
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-00034960-002 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00034960-003 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-005 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-006 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00034960-007 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-008 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00034960-009 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-010 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-011 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-012 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00034960-013 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-014 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-015 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00034960-016 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-017 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00034960-018 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-019 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034960-020 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00034960-021 | 02/03/2020 |
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 Complainant pursued the following complaints:
CA-00034960-002 – Annual Leave CA-00034960-003 – No Terms of Employment in Writing CA-00034960-005 – Public Holidays CA-00034960-006 – Sunday Working Premium CA-00034960-021 – Minimum Notice
All other complaints were withdrawn by the Complainant at the Adjudication hearing. |
Summary of Complainant’s Case:
The Complainant gave evidence under affirmation as follows:
The Complainant commenced work for the Respondent on 28 April 2018. Her employment was terminated without notice on 19 January 2020.
CA-00034960-002 – Annual Leave CA-00034960-003 – No Terms of Employment in Writing CA-00034960-005 – Public Holidays CA-00034960-006 – Sunday Working Premium CA-00034960-021 – Minimum Notice
CA-00034960-002 – Annual Leave under OWTA At the end of her employment on 19.1.2020 the Complainant claims that she had 16.56 hours of unpaid annual leave which accrued in the period of six months prior to the issue of her complaint. This amounts to a loss of €215.28
CA-00034960-003 – No Terms of Employment in Writing The Complainant claims that she was not given her terms and conditions in writing within two months of starting work. She seeks 4 weeks wages in compensation.
CA-00034960-005 – Public Holidays under OWTA. At the end of her employment on 19.1.2020 the Complainant claims she had 5 unpaid public holidays which accrued during the period of six months prior to the issue of his WRC complaint. This amounted to a loss of €780, based on a daily rate of €156.00.
CA-00034960-006 – Premium for Sunday Work: In the six months prior to the issue of his WRC complaint the Complainant worked 312 hours on Sundays for which she was not paid a premium or paid time off in lieu. The Complainant seeks reasonable compensation of a 25 % premium on top of the Sunday hours that she was paid (€2808) which amounts to € 702.00
CA-00034960-021 – Minimum Notice The Complainant claims that she was entitled to one week of minimum notice, for which he was not given or paid in lieu. The Complainant’s gross weekly wage was €502.64
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Summary of Respondent’s Case:
The Respondent is in liquidation and the Liquidator accepts the evidence of the Complainant |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant I make the following findings:
CA-00034960-002 – Annual Leave under OWTA I am satisfied that at the end of her employment on 19.1.2020 the Complainant had 16.56 hours of unpaid annual leave which accrued in the period of six months prior to the issue of her complaint. I accept that she suffered a loss equivalent to €215.28
CA-00034960-003 – No Terms of Employment in Writing 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 am satisfied that even though the breach occurred in January 2018 the complaint is within time. I am satisfied 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 two weeks of €1005.29
CA-00034960-005 – Public Holidays under OWTA. I am satisfied that at the end of her employment on 19.1.2020 the Complainant had 5 unpaid public holidays which accrued during the period of six months prior to the issue of his WRC complaint. This complaint is well founded. I am satisfied that this loss was €780.
CA-00034960-006 – Premium for Sunday Work: I am satisfied that the Complainant worked 312 hours on Sundays for which she was not paid a premium or paid time off in lieu. I am satisfied that the Complainant is entitled to reasonable compensation of a 25 % premium on top of the Sunday hours that she was paid (€2808) which amounts to € 702.00
CA-00034960-021 – Minimum Notice I am satisfied that the Complainant was entitled to one week of minimum notice, for which he was not given or paid in lieu. The Complainant’s gross weekly wage was €502.64
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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-00034960-002 – Annual Leave This complaint is well founded. I award the Complainant €215.28
CA-00034960-003 – No Terms of Employment in Writing This complaint is well founded. I award the Complainant two weeks wages, €1005.29
CA-00034960-005 – Public Holidays under OWTA. This complaint is well founded. I award the Complainant €780.
CA-00034960-006 – Premium for Sunday Work: This complaint is well founded. I award the Complainant € 702.00
CA-00034960-021 – Minimum Notice This complaint is well founded. I award the Complainant €502.64
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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