ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002746
Complaint(s)/Dispute(s) for Resolution:
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
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
Date of Adjudication Hearing: 04/10/2016
Workplace Relations Commission Adjudication Officer: John Tierney
In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I never received a contract of employment or any form of written terms and conditions.
I am owed wages and holidays to the value of € 1164.60
I did not receive my holiday pay, the employer promised to pay me but never did, and I calculated I am owed 70.4 hours based upon 44 weeks of employment averaged on 20hours per week worked. which amounts to € 633.60. A written submission was made to the Hearing set out the details in support of the claims.
The Claimant was employed by the Respondent from January 2015 to December 2015.
Respondent’s Submission and Presentation:
The Respondent refused to engage with the Hearing unless they received a written resignation from the Claimant. They were advised by the Hearing that there was not any claim properly before it in regard to the Unfair Dismissals Act. They continued to refuse to engage.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the submission made on behalf of the Claimant I find the claims well founded and make the following awards;
Under Terms of Employment (information) Act (CA 3809 – 1)
I award €708.00
Under the Payment of Wages Act (CA 3809 – 3)
I award €522.15
Under the Organisation of Working Time Act (CA 3809 – 4)
I award €800.00 in compensation for unpaid holidays and €300.00 for unpaid public holidays.
I award a total of €2,330.15.
Dated: 8th December 2016