ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048868
Parties:
| Complainant | Respondent |
Parties | Mirza Avci | Veb Home Bakery Partners Limited |
Representatives | In person | Did not attend |
Complaint(s):
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-00060040-001 | 15/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060040-003 | 15/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060040-004 | 15/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060040-005 | 15/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060040-006 | 15/11/2023 |
Date of Adjudication Hearing: 29/02/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent as a Barista / Deli Assistant. Employment commenced on 27th March 2023 and ended on 8th October 2023. The Complainant worked 34.5 hours per week for which he received €12.50 per hour. This complaint was received by the Workplace Relations Commission on 15th November 2023. |
Summary of Complainant’s Case:
CA-00060040-001 The Complainant commenced employment with the Respondent on 27/03/2023. The Complainant gave notice he would be leaving on 06/10/2023. After this date, for the next 2 weeks, the shop was closed and renovated. During this period, the Complainant found a new job and left. The Complainant did not receive his final wages of €431.25. The Complainant has made several attempts too contact the Respondent. The Respondent has not answered any messages left for him. CA-00060040-003 The Complainant was not given compensation for working on a Sunday throughout the period of his employment. CA-00060040-004 The Complainant contends that he was not paid holiday/Annual leave pay for 6 months and 780 hours of work. A one-time payment of 226 Euros was made for 20 hours on 11 June 2023. Apart from this, no holiday/Annual leave payments were made. The Complainant requests that the holiday payment he earned be paid to him. CA-00060040-005 During his 6-month working period, he did not receive any public holiday payments. CA-00060040-006 During the 6-month working period, only 40 euro tip payment was made once. Other than that, no tips were paid to employees. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing of the complaint. By letter dated 26th January 2023 I am satisfied that the Respondent was notified of the hearing. Such letter contained the date, time and venue for the hearing of the complaint. |
Findings and Conclusions:
CA-00060040-001 The Complaint did not receive his final wages, he is owed €431. 25 This complaint is well found. I now order the Respondent to pay the Complainant the sum of €431.25 to the Complainant. CA-00060040-003 The Complainant did not receive any additional premium for working on a Sunday. During the six months prior to leaving his employment the Complainant worked on 22 Sundays. I’m presuming that the Complainant worked 7 hours on a Sunday by 22Sundays, this equates to 154 hours. I’m awarding a premium of 25%, this amounts to an extra 38.5 hours. The hourly rate of pay was €12.50. This complaint is well found. I now order the Respondent to pay the Complainant the sum of €481.25 to the Complainant. CA-00060040-004 The Complainant contends that he was not paid holiday/Annual leave pay for 6 months and 780 hours of work. A one-time payment of 226 Euros was made for 20 hours on 11 June 2023. Apart from this, no holiday/Annual leave payments were made. The Complainant requests that the holiday payment he earned be paid to him. The complainant contends that he is owed €450 outstanding holiday pay. This complaint is well found. I now order the Respondent to pay the Complainant the sum of €450.00. CA-00060040-005 During his 6-month working period (cognisable period), he did not receive any public holiday payments. In the six-month period prior to his leaving employment there were 4 Public Holidays. The complaint is well found. I now order the Respondent to pay the complainant the sum of €345. CA-00060040-006 During the 6-month working period, only 40 euro tip payment was made once. Other than that, no tips were paid to employees. I have no information regarding the payment of tips. I have to declare that due to the absence of information this complaint is not well found.
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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) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00060040-001 I now order the Respondent to pay the Complainant the sum of €431.25. CA-00060040-003 I now order the Respondent to pay the Complainant the sum of €481.25. CA-00060040-004 I now order the Respondent to pay the Complainant the sum of €450.00. CA-00060040-005 I now order the Respondent to pay the complainant the sum of €345. All sums awarded to the complainant should be paid within 42 days from the date of this decision. |
Dated: May 30th 2024.
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Organisation of Working Time Act 1997; Payment of Wages Act,1991. |