ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028246
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 (Liquidator) |
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-00034958-011 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034958-012 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00034958-013 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034958-014 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034958-015 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00034958-016 | 10/03/2020 |
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, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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-00034958-012 – Annual Leave CA-00034958-013 – No written terms of contract of employment CA-00034958-014 – Public Holidays CA-00034958-015 – Reasonable Compensation for Sunday Hours CA-00034958-016 – Minimum Notice
CA-00034958-011 is withdrawn |
Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence: Her employment with the Respondent commenced on 28. 9.2018 Her employment ended without notice on 19 January 2020.
CA-00034958-012 - Annual Leave under (OWTA) At the end of her employment the Complainant claims she was entitled to annual leave of 103.80 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 €1297.50
CA-00034958-013 – 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 28 September 2018. She claims the amount of 4 weeks compensation.
CA-00034958-014 – 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
CA-00034958-015 – 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 €975.00
CA-00034958-016 – 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 €648.75 |
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, to be well founded. CA-00034958-012 - Annual Leave under (OWTA) The claim of unpaid annual leave of €1297.50 is well founded
CA-00034958-013 – 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 in November 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.
CA-00034958-014 – Public Holidays The claim of unpaid public holidays of €750 is well founded
CA-00034958-015 – Reasonable Compensation for Sunday Hours The claim of a premium uplift of 25 % on her Sundays wages (of €3900) which amounts to €975.00 is well founded
CA-00034958-016 – Minimum Notice The claim of 1 week in lieu of minimum notice (€648.75) is well founded.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00034958-011 – This complaint is withdrawn
CA-00034958-012 - Annual Leave under (OWTA) The claim of unpaid annual leave is well founded. I award the Complainant €1297.50
CA-00034958-013 – No written terms of contract of employment This complaint is well founded. I award the Complainant two weeks compensation, €1157.25
CA-00034958-014 – Public Holidays The claim of 5 unpaid public holidays is well founded. I award the Complainant €750
CA-00034958-015 – Reasonable Compensation for Sunday Hours The claim of a premium uplift of 25 % on her Sundays wages (of €3900) is well founded. I award the Complainant €975.00
CA-00034958-016 – Minimum Notice The claim of 1 week in lieu of minimum notice is well founded. I award the Complainant €648.75
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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