Complainant

Respondent

Parties

Dunia  Rojas

Itzig Sarl

Representatives

  In person

 Did not attend.

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-00061087-001

19/01/2024

This complaint was received by the Workplace Relations Commission on 19th January 2024.

By way of complaint form the Complainant contends the following:

“They did not pay me on time, they always had an excuse to pay me the total amount, they stopped answering my queries about my payment, I have calls and WhatsApp chats as evidence”.

In oral evidence at the hearing of the complaint I established the following:

The Complainant was interviewed for the job on 6th October 2023 and asked to commence employment straight away, she agreed terms and commenced employment straight away. Shortly after the commencement of her employment she was informed a mistake had been made and the job was a commission only job. The Complainant reluctantly agreed to this and went about her duties which included showing potential client’s rooms (accommodation) which were available for rent.

The Complainant contends that she was working very but did not receive any payment for the first two weeks. When the Complainant queried this she was informed that payment would be made monthly. After the first month the Complainant received a payment that was not correct and when she queried this, she was informed that a correction would be made the following month.

When the Complainant informed the Respondent that she required her full payment she contends that she was asked to sent the Respondent her passport.

The Complainant was not happy and informed the Respondent that she was unhappy working for them and that she intended to leave.

No pay slips were ever issued to the Complainant.

The Complainant was never issued with a contract of employment.

The Respondent did not attend the scheduled hearing. I am satisfied that a letter dated 20th March 2024 containing all the arrangements for the hearing was sent to the Respondent.

From the evidence adduced from the Complainant I am satisfied that the complaint submitted under the Terms of Employment (Information) Act 1994 is well founded. In not providing a statement of the particulars of employment to the Complainant the Respondent has breached section 3 of the Act.

Section 7 (2) of the Act provides as follows:

(2) A recommendation of a rights commissioner under subsection (1) shall do one of the or more of the following:

(d) order the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act, 1977.

Having found the complaint well founded I now order the Respondent to pay compensation in the sum of €2,032.00 (minimum wage x 40 x 4) to the Complainant. Such sum of compensation should be paid to the Complainant within 42 days from the date of this decision.

Having found the complaint well founded I now order the Respondent to pay compensation in the sum of €2,032.00 (minimum wage x 40 x 4) to the Complainant. Such sum of compensation should be paid to the Complainant within 42 days from the date of this decision.

Terms of Employment (Information) Act 1994.