ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028324
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 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00035155-006 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035155-009 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035155-010 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00035155-011 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00035155-012 | 10/03/2020 |
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, 2015following the referral of the complaints to me by the Director General, I inquired into the complaint 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-00035155-006 – Minimum Notice CA-00035155-009 – Annual Leave CA-00035155-010 – Reasonable Compensation for Sunday Hours CA-00035155-011 – Public Holidays CA-00035155-012 – No written terms of contract of employment
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Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence: Her employment with the Respondent commenced on 1 April 2019 Her employment ended without notice on 19 January 2020. CA-00035155-006 – 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 €583.31 CA-00035155-009 - Annual Leave under (OWTA) At the end of her employment the Complainant claims she was entitled to annual leave of 63.59 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 €794.87 CA-00035155-010 – Reasonable Compensation for Sunday Hours At the end of her employment the Complainant claims she worked 108 Sunday hours was owed a premium payment for working on Sundays. She claims a premium uplift of 25 % on her Sundays wages (of €1350). She claims the amount of €337.50
CA-00035155-011 – 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-00035155-012 – 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 1 April 2019. She claims the amount of 4 weeks compensation.
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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, to be well founded. CA-00035155-006 – Minimum Notice The claim of 1 week in lieu of minimum notice (€583.31) is well founded.
CA-00035155-009 - Annual Leave under (OWTA) The claim of unpaid annual leave of €794.87 is well founded
CA-00035155-010 – Reasonable Compensation for Sunday Hours The claim of a premium uplift of 25 % on her Sundays wages (of €1350) which amounts to €337.50 is well founded
CA-00035155-011 – Public Holidays The claim for 5 unpaid public holidays (€750) is well founded. CA-00035155-012 – 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 1 June 2019 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 €1166.62
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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-00035155-006 – Minimum Notice This complaint is well founded. I award €583.31.
CA-00035155-009 - Annual Leave under (OWTA) This complaint is well founded. I award €794.87
CA-00035155-010 – Reasonable Compensation for Sunday Hours This complaint is well founded. I award €337.50
CA-00035155-011 – Public Holidays This complaint is well founded. I award €750 CA-00035155-012 – No written terms of contract of employment This complaint is well founded. I award €1116.62
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
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