ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00056220

Parties:

Complaints:

Date of Adjudication Hearing:  30/09/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Sick Leave Act 2022, Minimum Notice & Terms of Employment Act 1973 and Organisation of Working Time Act 1997,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.

Background:

The complaints are that the Respondent failed to pay the wages of the Complainant for days in November 2024 in contravention of the Sick Leave Act 2022.  It is further claimed that the Respondent failed to pay the Complainant for payment in lieu of minimum notice and that the Respondent failed to pay the Complainant for a premium for Sunday working.

Summary of Complainant’s Case:

The Complainant worked for the Respondent from 21 January 2024 to 8 December 2024.  He was paid €700 per week for a 9 hour day for 6 days a week.  He was out sick in November 2024 and was not paid his entitlement under the Sick Leave Act 2022.  He was told not to come in to work from 8 December and was not given his entitlement to one week’s minimum notice or payment in lieu.               He worked on Sundays throughout his employment and was not paid extra for Sunday working.

Summary of Respondent’s Case:

The claims are denied.  The proprietor’s wife Ms L gave evidence on affirmation.  She stated that the Complainant was given minimum notice.

Findings and Conclusions:

CA-00068404-004             Sick leave Act 2022

The Complainant claims that 3 days pay was stopped when he was out sick in November 2024.

Section 5 (9) of the Act provides:

(9) An employee shall, in respect of a statutory sick leave day, provide his or her employer with a medical certificate in an official language of the State signed by a registered medical practitioner stating that the employee named in the certificate is unable to work.

In this case, the Complainant provided neither exact dates claimed nor a medical certificate.                           I find the complaint is not well founded.

CA-00068404-005             Minimum Notice & Terms of Employment Act 1973

The Complainant was entitled to one week’s notice on cessation of his employment.  There was some conflicting evidence wherein the Proprietor’s wife Ms L said she gave the Complainant notice and he didn’t need to work the week.  The Complainant appears to have been told not to come in as other new employees were coming in.  On the balance of probabilities, I find the Complainant did not receive his statutory one week’s notice.  I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €700.

CA-00068404-006             Organisation of Working Time Act 1997

The Complaint is that the Respondent failed to pay the Complainant a premium for Sunday working.

Section 14 of the Act provides:

14.—(1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely—

(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or

In this case, no written contract of employment was produced by the Respondent.  It appears that the Complainant was paid minimum wage.  It can therefore be deduced that the Complainant was not compensated for being required to work on Sundays.  I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €1,000 compensation.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints  in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00068404-004             Sick leave Act 2022

The Sick Leave Act 2022 provides that I make a decision in accordance with the provisions of that Act.

Based on the findings and reasons above, I have decided that the complaint is not well founded.

CA-00068404-005             Minimum Notice & Terms of Employment Act 1973

Section 12 of the Minimum Notice & Terms of Employment Act 1973 requires that I make a decision in accordance with the redress provisions of that Act.

Based on the findings and reasons above, I have decided that the complaint is well founded.  I require the Respondent to pay to the Complainant the sum of €700.

CA-00068404-006             Organisation of Working Time Act 1997

Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in accordance with the redress provisions of that Act.                                                                                 Based on the findings and reasons above, I have decided that the complaint is well founded.  I require the Respondent to pay to the Complainant the sum of €1,000 compensation.

Dated:   05/12/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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