ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047588
Parties:
| Complainant | Respondent |
Parties | Michaela Colton | Sean O’Kane trading as Mr. Supermario Italian Limited |
Representatives | Annemarie Donohoe NORTH CONNACHT & ULSTER CITIZENS INFORMATION SERVICE | No attendance at adjudication hearing on 19.2.2024. |
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-00058617-001 | 01/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00058617-002 | 01/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00058617-003 | 01/09/2023 |
Date of Adjudication Hearing: 12/11/23 and 19/02/2024
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 worked as a barista in the Respondent café business. The Respondent did not provide her with a contract in writing during her employment. He also did not provide her with holidays pay or bank holiday pay.
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Summary of Complainant’s Case
The Complainant gave evidence under affirmation as follows: CA-00058617-001 (T&C) I started my employment with the Respondent on 20.2.23. I gave notice of my resignation on 17.5.23 and my employment ended on 27.5.23. I was not provided with a contract in writing either within the first 5 days of my employment, within the first month of my employment or at all during my employment. I am seeking a remedy of four weeks’ pay, based on an average weekly salary of €287.50 CA-00058617-002 (Annual leave) I repeatedly asked the Respondent for holidays or payment in lieu of holidays but, despite accepting that he owed me holidays, he did not provide me with holidays or payment in lieu of holidays. I am seeking unpaid annual leave of €227.70 CA-00058617-003 (Bank Holidays) |
I asked the Respondent for payment in lieu of 3 bank holidays (17.3.23; 10.4.23 and 1.5.23) but, despite accepting that he owed me this payment, he did not provide me with pay in lieu of bank holidays. Based on the time I worked on bank holidays (17.3.23; 10.4.23 and 1.5.23) I am seeking the sum of €138.00
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Summary of Respondent’s Case
On the first adjudication hearing day (28.11.23) the Respondent attended the hearing and advised that he wished to settle the complaints within an agreed time frame.
The settlement amount was not paid within the agreed period and the Complainant requested the WRC to relist the matter for hearing.
The second hearing date was 19.2.23. On the morning of the hearing the WRC case officer contacted to the Respondent by phone when he did not attend the remote hearing. The Respondent advised the WRC case officer that he was prepared to pay the amounts that were owing to the Complainant but would need time to do so. He advised that he would not be attending the adjudication hearing because he was “on the road.”
There was no attendance on or on behalf of the Respondent at the Adjudication on 19. 2.2023
Findings and Conclusions:
CA-00058617-001 (T&C) The Respondent was on notice of the adjudication hearing on 19.2.23 however he chose not to attend. On the uncontested sworn evidence of the Complainant, I am satisfied that she was not provided with terms and conditions of employment in writing during the time that she was employed by the Respondent. I am satisfied that this complaint is well founded, and I award the Complainant four weeks salary, €1150.00. CA-00058617-002 (Annual leave) On the uncontested sworn evidence of the Complainant, I am satisfied that she was not provided with her annual leave entitlement. I am satisfied that this complaint is well founded, and I award the Complainant the sum of €227.70 CA-00058617-003 (Bank Holidays) On the uncontested sworn evidence of the Complainant, I am satisfied that she was not provided with her bank holiday entitlement. I am satisfied that this complaint is well founded, and I award the Complainant the sum of €138.00 Applying my discretion under section 39 of the OWTA I have amended the title of this complaint to reflect the name of the Complainant’s employer, Mr. Sean O’Kane, to replace the trading name that the complaint was initially brought against. |
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-00058617-001 (T&C) This complaint is well founded. I award the Complainant €1150.00.
CA-00058617-002 (Annual leave) This complaint is well founded. I award the Complainant €227.70
CA-00058617-003 (Bank Holidays) This complaint is well founded. I award the Complainant €138.00
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Dated: 23/02/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
OWTA – Annual leave, Bank Holidays; T&C – no contract in writing |