Complainant

Respondent

Parties

Joao Vitor  Carneiro Elias

Blue Magic Fc Dublin Limited

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00077311-001

07/11/2025

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

CA-00077311-002

07/11/2025

The Complainant stated that he was employed by the Respondent as a Kitchen Porter from 22 October 2024 until his dismissal on 30 October 2025. He alleged that he was paid €14 per hour, worked approximately 40 hours per week and regularly undertook additional duties. He asserted that he was dismissed by WhatsApp while absent due to illness and was not afforded any disciplinary process.

The Complainant further alleged that the Respondent failed to pay him for 17 hours worked in his final week of employment, failed to pay his October Bank Holiday entitlement, failed to pay accrued but untaken annual leave on termination, and failed to provide statutory notice pay.

The Complainant stated that he commenced employment with the Respondent, on 22 October 2024 as a Kitchen Porter. He contended that throughout his employment he worked full-time, normally working approximately 40 hours per week at an hourly rate of €14. In addition to his Kitchen Porter duties, he regularly covered chef duties when required and, from September 2025 onwards, undertook substantial additional responsibilities while covering the chef's annual leave.

The Complainant stated that shortly after commencing employment, the Respondent removed him from the Revenue payroll system, advising him that this would be a temporary arrangement connected with a work permit application for another employee. According to the Complainant, he was assured that the situation would be rectified within a short period. However, he stated that he was never re-registered with Revenue, was not provided with payslips after November 2024 and did not receive written terms and conditions of employment. Despite this, he continued to work full-time and received weekly wage payments by bank transfer. 

The Complainant stated that he was a reliable employee who had not previously been absent through illness. He stated that on 30 October 2025 he notified the Respondent that he was unwell and unable to attend work. He asserted that shortly thereafter he was dismissed by WhatsApp message. He stated that he was given no prior warning, was not subjected to any disciplinary process, and was afforded no opportunity to respond to any concerns before his employment was terminated. 

Following his dismissal, the Complainant claimed that a number of payments properly due to him remained outstanding. He asserted that he worked 17 hours on the final Tuesday and Wednesday immediately prior to his dismissal and was not paid for those hours worked. He further maintained that he did not receive payment in respect of the October Bank Holiday entitlement. In addition, he contended that the Respondent failed to compensate him for accrued but untaken annual leave on the termination of his employment. 

The Complainant also stated that, having completed approximately one year of continuous service, he was entitled to receive one week's statutory notice, or payment in lieu of notice. He stated that no notice was provided and no payment in lieu was made.

In support of his complaints, the Complainant furnished documentation including bank statements evidencing regular wage payments from the Respondent, clock-in and clock-out records, and WhatsApp communications which, he asserted, demonstrated the existence of the employment relationship, the allocation of work duties, the circumstances surrounding his illness and dismissal, and subsequent discussions concerning unpaid wages, annual leave and payroll issues.

Mark Laska, a Director of the Respondent, gave evidence. He did not dispute any of the Complainant’s allegations and did not produce any documentation to challenge what the Complainant said.  

CA-00077311-001:

The Complainant gave evidence that, throughout his employment, he did not receive payment for accrued annual leave on the termination of his employment. He calculated the value of accrued but untaken annual leave at €1,820. 

The Respondent failed to produce any annual leave records or other documentation demonstrating compliance with its obligations under the Organisation of Working Time Act 1997. In circumstances where the employer is statutorily required to maintain such records and no such records were produced, I accept the Complainant's unchallenged evidence and find that the complaint is well founded.

CA-00077311-002:

The Complainant's evidence was that he worked 17 hours during the final Tuesday and Wednesday of his employment and was not paid for those hours. At an hourly rate of €14, the amount due in respect of these hours is €238.

The Complainant further gave evidence that he did not receive payment in respect of the October Bank Holiday. Based on his hourly rate, the amount due is €112.

The Complainant also contended that he received no statutory notice of termination and no payment in lieu of notice when dismissed on 30 October 2025. Having completed more than thirteen weeks' service but less than two years, he was entitled to one week's notice or pay in lieu thereof. Based on his normal weekly earnings of 40 hours at €14 per hour, the amount due is €560. 

As the Respondent produced no evidence such as payroll records, payslips or payment records to demonstrate that any of these sums had been paid, I find that the complaint is well founded.

CA-00077311-001:

The complaint is well founded. I direct the Respondent to pay the Complainant €1,820 in respect of this complaint for the reasons set out above.

CA-00077311-002

The complaint is well founded.

I direct the Respondent to pay the Complainant the sum of €910 in respect of this complaint for the reasons set out above.