ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050938
Parties:
| Complainant | Respondent |
Parties | Michael Casey | JCL Catering Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self | Roberta Urbon Peninsula Business Services Ireland |
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-00062315-001 | 21/03/2024 |
Date of Adjudication Hearing: 21/06/2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) 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 complaint.
Peninsula advised that JLC Catering Ltd is the correct name for the Respondent.
Background:
The complaint is that the Respondent failed to provide the Complainant with a written signed statement of his terms of employment including a procedure for dismissal. The submission of the Respondent for the hearing was based on the factors which distinguish a contract for service with a contract of service and precedents supporting the position of the Respondent which was to deny the Complainant was employed on a contract of service. Following clarification of the status of another person employed by the Respondent as that of contract of service, and a discussion with the Respondent, Peninsula advised that the Respondent accepted the Complainant was an employee on a contract of service. They also agreed the issue to be decided is compensation.
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Summary of Complainant’s Case:
The Complainant commenced employment with the Respondent on 11 September 2023.+and ended on 8 March 2024. He was employed as a bakery assistant. Initially he agreed a six-month contract, extended in early 2024. There were references to issues with breaks, the duration of shifts. The Complainant submitted invoices for payment. Issues arose between hm and James Butler of the Respondent in March 2024 regarding a HACCP qualification and this led to the termination of the relationship, by unfair dismissal, without notice, according to the Complainant. The Complainant referred to be asked for a PPS/tax number which he was never asked to provide previously when he was engaged on a self-employed basis. |
Summary of Respondent’s Case:
During the hearing, the Respondent conceded he had made a mistake in classifying the Complainant as self-employed. The ad for a replacement provided by the Complainant was issued for an employee. On the amount of compensation, the Respondent side submitted that the payment of an additional week as a gesture of good will should be taken into account. |
Findings and Conclusions:
Given the concession of the principal of employee versus self-employment status, the issue to be decided is what is reasonable compensation when the maximum available compensation under the legislation is four weeks pay. On the basis that the Complainant freely entered into an arrangement in which he would submit invoices for payment and did so throughout the employment without any query or issue until a dispute arose around other matters-I consider two weeks pay gross is reasonable compensation in the circumstances. The payment of one weeks pay by the Respondent as a gesture of goodwill as it was described has no bearing on this decision. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00062315-The complaint by the Complainant Michael Casey against the Respondent JCL Catering Ltd is well founded. The Respondent is to pay the Complainant €891 in compensation. |
Dated: 10th of July 2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
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