ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001453
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002034-001 | 19/01/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00002034-002 | 19/01/2016 |
Date of Adjudication Hearing: 20/04/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Complainant’s Submission and Presentation:
The complainant commenced employment with the respondent on September 9th 2015 at a rate of €12 per hour.
On December 12th 2015 he reminded the company that he was due to go abroad on holiday for one week the following week and was advised not to report for work on the Friday after he returned. The company was closed the week after that for the Christmas break and on January 6th he contacted the company by text to enquire about his return to work to be told that his employment had been terminated and not to come back
He subsequently contacted the company about his entitlement to notice and holiday pay (he had not been paid for the week in December).
He was told that the company would not be paying him.
He submitted that he worked a total of 394.7 hours as follows. In week 1 (from his start date of September 9th; 16.5 hours, then an average of 29 hours per week with the exception of three in which he worked 33.5 hours (week of September 21st), 31 hours (week of September 28th, and 29.05 hours (week of November 11th)
Finally in his last week he worked 23.2 hours. His claim for annual leave therefore is based on a total of 394.7 hours worked which at 8% gives an entitlement of 31.6 hours.
He exhibited text messages to his employer as evidence of these hours.
He also claims one week’s pay in lieu of notice.
Respondent’s Submission and Presentation:
The respondent did not attend the hearing.
Conclusions and Findings
The respondent was notified of the hearing on March 30yj 2016 and I find that it was properly on notice of the hearing and offered no explanation for its failure to attend.
I am satisfied that the complainant worked the hours claimed and is entitled to payment in respect of holidays as claimed in a total of 31.6 hours which I find to be €379.00. I also find that he did not receive the notice to which he was entitled having exceeded the thirteen week qualifying period on December 9th 2015.
Decision:
Section 41(4) 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.
I uphold both complaints and award him one week’s pay in lieu of notice in the amount of €348.00
and a further €379.00 in respect of his annual leave entitlement.
Dated: 6 July 2016