ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00046921

Parties:

	Complainant	Respondent
Parties	Lia Lawrence	Justin Casey Hairdressing t/a Justin Thomas Casey Hairdressing.

Representatives

Self-Represented

Did not attend Hearing. No Representation.

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00057689-001	13/07/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00057689-002	13/07/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00057689-004	13/07/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00057690-002	13/07/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00057690-003	13/07/2023

Date of Adjudication Hearing: 30/01/2024

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 ;Section 6 of the Payment of Wages Act, 1991 ;Section 7 of the Terms of Employment (Information) Act, 1994; Section 77 of the Employment Equality Act, 1998 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973 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.

In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Affirmation or Affirmation would be required and full cross examination of all witnesses would be provided for.

The required Oath / Affirmation was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.

No issue regarding confidentiality arose.

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

Background:

The issues in contention concerned a complaint of Unfair Dismissal, Non-payment of proper Wages, Non-payment of Statutory Minimum Notice, Discrimination on Grounds of a Disability, Discriminatory Dismissal and no statement provided of Terms and Conditions of Employment.

The Employment commenced on the 12th May 2023 and ended on the 13th June 2023.

The rate of pay was stated by the Complainant to have been the statutory Minimum Wage of €11.30 per hour at the period in question.

1: Summary of Complainant’s Case:

The Complainant gave an Oral testimony supported by written copy E mails and Texts. She also provided a copy of a CRO inquiry of the Respondent Name and Business address.

For convenience a Table of her complaints is set out below.

Act	Complaint/Dispute Reference No.	Details of Complaint.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00057689-001	The Complainant alleged, under sworn Affirmation, that she was due €1,035.40 in unpaid Wages. She also alleged that she was due €34.80 in outstanding Holiday Pay.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00057689-002	The Complainant alleged, under sworn Affirmation, that she never received any Statement in Writing of her Terms and Conditions of Employment
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00057689-004	The Complainant, under sworn Affirmation, alleged that she had been dismissed for Discriminatory reasons related to her known Disability.
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Notice & Terms of Employment Act, 1973	CA-00057690-002	The Complainant, under sworn Affirmation, alleged that she had not received her proper Statutory minimum Notice pay
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00057690-003	Duplicate of CA- 00057690-002

2: Summary of Respondent’s Case:

The Respondent did not attend the Hearing and made no representations. I was satisfied that proper notice had been served of the time, date and place of the Hearing. The WRC made a number of efforts to contact the Respondent in the context of a Remote Hearing. The address supplied by the Complainant was the proper CRO Adress of the Respondent.

3: Findings and Conclusions:

3:1 Introductory remarks

The Complainant had been placed in the Respondent Employment via the Co Louth ÈmployAbility Service. The Complainant stated under Affirmation that she had worked for four weeks at an average of 39.5 hours per week.

The only evidence presented was that of the Complainant, given under sworn Affirmation. It was uncontested by any rebuttal evidence from the Respondent.

On balance the Complaint gave measured testimony and on the balance of probability has to be given credence.

Act	Complaint/Dispute Reference No.	Adjudication Finding and Conclusions.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00057689-001	The Complainant alleged, supported by documents supplied, that she was due € 1,035.40 basic pay and €34.80 Holiday pay. In the absence of any Respondent Employer counter testimony the Complainant’s version has to be believed.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00057689-002	The Complainant alleged, under sworn Affirmation, that she never received any Statement in Writing of her Terms and Conditions of Employment There was absolutely no evidence of any Statement of Terms and conditions of Employment. It appeared that some conversations may have taken place with ÈmployAbility Service and the Respondent Employer but here was nothing in writing.
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00057689-004	The Complainant, under sworn Affirmation, alleged that she had been dismissed for Discriminatory reasons related to her known Disability. In the Respondent Employer e mail of the 26th June 2023 the Respondent Employer stated that the reason for the Dismissal was “Your capability to maintain the position” & “Your Competency to maintain the position was also a factor.” A number of issues of time keeping were also mentioned. The Complainant had an accepted Disability – Lyne’s Disease. The issue of her “capability” was never discussed with her and no effort to achieve a “Reasonable Accommodation” as required by the EE Act ,1998 appeared to have been made. She was dismissed without notice. Under Section 85A of the EE Act,1998 the initial burden of Proof to raise an “inference of Discrimination” is on the Complainant. This has been established and in the absence of any Respondent counter testimony or evidences the case has to be decided in favour of the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Notice & Terms of Employment Act, 1973	CA-00057690-002	The Complainant, under sworn Affirmation, alleged that she had not received her proper Statutory minimum notice pay. The Complainant, under sworn Affirmation, alleged that no notice pay had been received. As stated above her version of events appears to be credible. A payment is due.
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00057690-003	Duplicate of CA- 00057690-002 Complaint is dismissed as a duplicate.

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 6 of the Payment of Wages Act, 1991 ;Section 7 of the Terms of Employment (Information) Act, 1994; Section 77 of the Employment Equality Act, 1998 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973 requires that I make a decision in relation to the complains in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

Act	Complaint/Dispute Reference No.	Adjudication decision.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00057689-001 Un paid Wages	Under Section 6 of the Payment of Wages Act, 1991 €1,035.40 in un-paid Wages is to be paid to the Complainant as soon as is convenient but, in a period, not greater that six weeks from the publication date of the Adjudication decision.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00057689-002 Statement if Writing of T and Cs of Employment	The Complainant alleged, under sworn Affirmation, that she never received any Statement in Writing of her Terms and Conditions of Employment Under 7 of the Terms of Employment (Information) Act, 1994 a Compensation Awrad of €150.00 is to be paid to the Complainant as compensation for Breach of a Statutory right and treated as such for any Taxation issues. Payment in a period not greater that six weeks from the publication date of the Adjudication decision
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00057689-004 Discrimination alleged.	The Complainant, under sworn Affirmation, alleged that she had been dismissed for Discriminatory reasons related to her known Disability. The Balance of Probability lies with the Complainant here. There was no Employer/Respondent defence entered. Accordingly, under Section 82 of the Act a Compensation award of €2,000 (approximately four weeks’ pay) is deemed to be paid to the Complainant in redress of the Discrimination suffered and the Discriminatory Dismissal. Payment in a period not greater that six weeks from the publication date of the Adjudication decision
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Notice & Terms of Employment Act, 1973	CA-00057690-002 Minimum Notice	The Complainant, under sworn Affirmation, alleged that she had not received her proper Statutory minimum notice pay. One week’s pay of €11.30 by 39 hours = € 440.70 is due to the Complainant. Payment in a period not greater that six weeks from the publication date of the Adjudication decision
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00057690-003 Minimum Notice.	Duplicate of CA- 00057690-002

Dated: 02-05-2024

Workplace Relations Commission Adjudication Officer: Michael McEntee

Key Words:

Payment of Wages, Minimum Notice, Employment Information, Disability.