Complainant

Respondent

Parties

Dania  Vasylieva

Le Petit Perroquet

Representatives

In person

Did not attend

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000

CA-00066063-001

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00066063-002

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00066063-003

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00066063-004

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00066063-005

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00066063-006

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00066063-011

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00066063-012

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00066063-013

13/09/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00066063-017

13/09/2024

The complainant was employed by the respondent from 8th April 2024 until 29th April 2024.

This complaint was received by the Workplace Relations Commission on 13th September 2024.

The Complainant lodged 17 complaints to the Workplace Relations Commission on 13th September 2024. Six complaints were removed from the list, this left 11 complaints to be heard.

These complaints are as outlined below:

CA – 00066063 – 001 – “I did not receive the National Minimum rate of pay”

CA – 00066063 – 002 – “I am not given compensation for working on a Sunday”

CA – 00066063 – 003 – “My employer has not paid me or has paid me less than the amount due to me”.

CA – 00066063 – 004 – “I did not receive the appropriate payment in lieu of notice of termination of my employment”.

CA – 00066063 – 005 – “I did not receive a statement in writing on my terms of employment”.

CA – 00066063 – 006 – “I was not notified in writing of a change to my terms of employment”.

CA – 00066063 – 011 – “I did not receive my statutory minimum period of notice on the termination of my employment or payment in lieu thereof”

CA – 00066063 – 012 – “I did not receive all my rights during the period of notice”

CA – 00066063 – 013 – “I did not receive minimum notice of termination of my contract of employment from my employee”

CA – 00066063 – 017 – “My employer failed to inform me (a fixed term employee) of opportunities for (a) permanent employment or (b) of appropriate training opportunities”.

By letter dated 27th January 2025 the respondent was notified of the forthcoming hearing for this complaint. Said letter contained information on the date, time and venue for this hearing.

There was no appearance by or on behalf of the respondent.

I am satisfied that the respondent received proper notice of the hearing.

At the start of the hearing, I went through each complaint with the complainant, she accepted that she had made some mistakes in completing her form and accepted there were 11 complaints to be heard.

CA – 00066063 – 001 – “I did not receive the National Minimum rate of pay”

Section 24 (2) of the Act states:

(2) A dispute cannot be referred to or dealt with by a rights commissioner –

(a) unless the employee –

       I.          Has obtained under section 23 a statement of his or her average hourly rate of pay in respect of the relevant pay reference period, or

      II.          Having requested that statement, has not been provided with it within the time limited by that section for the employer to supply the information,

In the instant case the complainant did not request any statement of her average hourly earnings.

This complaint is not well founded.

CA – 00066063 – 002 – “I am not given compensation for working on a Sunday”.

The complainant contends that she worked on 3 Sundays. The complainant’s hours of work are approximately 7 hours per day, this would result in 21 hours spent working on Sundays.

The average working day for the complainant was 6.8 hours, during her employment she worked three Sundays that I calculate equates to 20.4 hours.

I now order the Respondent to pay the complainant the sum of € 65.02 representing a Sunday premium of 25% for hours worked. Such sum should be paid within 42 days from the date of this decision.

CA – 00066063 – 003 - “My employer has not paid me or has paid me less than the amount due to me”.

The complainant quite clearly states that she received no payment for the work done for the Respondent.  The Complainant has provided a figure of €600.

I now order the Respondent to pay the complainant the sum of €600 in unpaid wages. Such payment should be made within 42 days from the date of this decision.

CA – 00066063 – 004 - “I did not receive the appropriate payment in lieu of notice of termination of my employment”.

Under the Minimum Notice and Terms of Employment Acts, 1973 – 2005 an employee or employer who intends to terminate a contract of employment must provide the other party with specified minimum notice. Employers must give employees, who have been in continuous service, notice dependent on the length of the employee’s service as follows –

This complaint is not well founded.

CA – 00066063 – 005 – “I did not receive a statement in writing on my terms of employment”.

Under section 3 of the Terms of Employment (Information) Act, 1994 an employer shall, not later than two months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say - …………

In the instant case no such statement was issued to the employee.

Pursuant to section 7 of the Act I now order the Respondent to pay the employee compensation in the amount of €867. Such amount should be paid within 42 days from the date of this decision.

CA – 00066063 – 006 – “I was not notified in writing of a change to my terms of employment”.

The complainant could not provide particulars of any changes made to her conditions of employment that may have taken place during her period of employment.

This complaint is not well founded.

CA – 00066063 – 011 – “I did not receive my statutory minimum period of notice on the termination of my employment or payment in lieu thereof”

I find this is a complaint similar to CA – 00066063 – 004 - “I did not receive the appropriate payment in lieu of notice of termination of my employment”.

This complaint is not well founded.

CA – 00066063 – 012 – “I did not receive all my rights during the period of notice”

The complainant did not provide particulars of any right not received from her employer.

This complaint is not well founded.

CA – 00066063 – 013 – “I did not receive minimum notice of termination of my contract of employment from my employee”

I find this is a complaint similar to CA – 00066063 – 004 - “I did not receive the appropriate payment in lieu of notice of termination of my employment”.

This complaint is not well founded.

CA – 00066063 – 017 – “My employer failed to inform me (a fixed term employee) of opportunities for (a) permanent employment or (b) of appropriate training opportunities”.

The complainant was never working on a fixed-term contract.

This complaint is not well founded.

CA – 00066063 – 002 – “I am not given compensation for working on a Sunday”.

The complainant contends that she worked on 3 Sundays. The complainant’s hours of work are approximately 7 hours per day, this would result in 21 hours spent working on Sundays.

The average working day for the complainant was 6.8 hours, during her employment she worked three Sundays that I calculate equates to 20.4 hours.

I now order the Respondent to pay the complainant the sum of € 65.02 representing a Sunday premium of 25% for hours worked. Such sum should be paid within 42 days from the date of this decision.

CA – 00066063 – 003 - “My employer has not paid me or has paid me less than the amount due to me”.

The complainant quite clearly states that she received no payment for the work done for the Respondent.  The Complainant has provided a figure of €600.

I now order the Respondent to pay the complainant the sum of €600 in unpaid wages. Such payment should be made within 42 days from the date of this decision.

CA – 00066063 – 005 – “I did not receive a statement in writing on my terms of employment”.

Under section 3 of the Terms of Employment (Information) Act, 1994 an employer shall, not later than two months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say - …………

In the instant case no such statement was issued to the employee.

Pursuant to section 7 of the Act I now order the Respondent to pay the employee compensation in the amount of €867. Such amount should be paid within 42 days from the date of this decision.