Complainant

Respondent

Parties

Monika  Regan

The Saucy Butcher trading as Daniel Lane/ 365Work Hours

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-00061181-001

19/01/2024

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

CA-00061181-014

19/01/2024

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

CA-00061181-015

19/01/2024

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

CA-00061181-016

19/01/2024

The Complainant worked for the Respondent for a number of weeks towards the end of 2023.

Following her leaving the role she submitted complaints to the WRC. These were that she had not received a contract, breaks, public holidays and that unlawful deductions were made from her salary. These were recorded on the narrative of her complaint form but did not specifically tick the boxes related to some of the relevant acts.  A hearing was convened in July 2024 at which the Complainant solely under the terms of employment act.

The Complainant requested that the WRC amend their records to reflect the complaints made related to her breaks, public holidays and deductions of wages as well. I granted this request and the hearing was adjourned and rescheduled to put the Respondent on notice of these other complaints.

The resumed hearing was held on the 29th of January. 

The Complainant attended the hearing and gave evidence under affirmation with the assistance of a translator.

The Complainant started working in late September 2023. She was only hired on the basis of a verbal agreement. She did not receive any written contract or statement of employment  She earned €13 an hour.

She worked 8 hours a day. The Respondent deducted 30 minutes a day for breaktimes from her pay but she never actually got to take her break except on two occasions. Most of the times she was working alone and when there was another person there both were needed to serve customers.  

The Complainant resigned over the course of the Christmas holiday 2023, sometime between Christmas day and New Years Day. She was not paid for these holidays.

The Respondent failed to attend the resumed hearing.

CA-00061181-001 – Terms of Employment Information Act

The Complainant’s evidence was that she had not received any statement of particulars as required by Section 3 of the above act. The Respondent has not provided any contradicting evidence.

While I note that the Respondent was in breach of the act and had failed to issue the appropriate documentation it is important to note that the Complainant only worked for them for a few weeks  and as such I am of the view the maximum award of four weeks renumeration would not be appropriate. In the circumstances I award her two weeks renumeration of €1040 in compensation.

CA-00061181-014 – Organisation of Working Time Act

The Complainant evidence was that she didn’t get her minimum breaks provided for in the legislation over the period of her employment and provided relatively detailed evidence as to the staffing levels and working practices while working for the Respondent.  It is a requirement of the act that the employer maintain appropriate records of their compliance and they did not attend or produce those records.

In the circumstances I am satisfied that the complaint is well founded.

 Minimum break times are a health and safety requirement and failure to provide them over a continuous period of time is a serious matter. The Complainant worked for the Respondent for a period of approximately 12 weeks before the Christmas break and the level of redress does also need to recognise that short service. I also note that the Complainant has raised the issue of her wages being deducted for the breaks separately.

In the circumstances I am of the view that an award of four weeks remuneration is appropriate.

CA-00061181-015 - Organisation of Working Time Act

The Complainant’s evidence  that she was not paid for the Christmas holidays because she resigned at the end of them. She actually appears to have resigned before the January the 1st public holiday. As such her complaint can only relate to Christmas and St Stephens Day.

It is a requirement of the act that the employer maintain appropriate records of their compliance with this act and they did not attend or produce those records.

In the circumstances I find that the complaint is well founded and believe that compensation of one week’s pay is appropriate.

CA-00061181-016 -Payment of Wages Act

The Complainant’s evidence was that she worked eight hours a day at a rate of €13. The Respondent deducted €6.50 each day for breaks which the Complainant did not receive.

As the Complainant was paid at an hourly rate this €6.50 was properly payable and the Respondent’s failure to pay it was an unlawful deduction. The Complainant’s evidence was that she only got her proper break on two occasions over her 12 weeks of employment.

As such the total wages owing to the Complainant for this period was €377. 

CA-00061181-001

I find that the complaint is well founded and direct the Respondent to pay the Complainant €1040 in compensation.

CA-00061181-014

I find that the complaint is well founded and direct the Respondent to pay the Complainant €2040 in compensation.

CA-00061181-015

I find that the complaint is well founded and direct the Respondent to pay the Complainant €520 in compensation.

CA-00061181-016

I find that the complaint is well founded and direct the Respondent to pay the Complainant €377.