ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005872
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Assistant | Service Sector |
Representatives |
| DAVID O’RIORDAN (SOLICITOR) |
Complaint(s):
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-00008080-001 | 09/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008080-002 | 09/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008080-003 | 09/11/2016 |
Date of Adjudication Hearing: 21/02/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Location of Hearing: The Ardboyne Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 under section 27 of the 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 Complainant was employed as a Sales-Assistant by the Respondent from the 8th of June 2015 to the 24th of August 2016. He was paid at the rate of €9.15/hour and he worked between 38 and 43 hours per week. He alleges that the Respondent failed to provide him with daily rest periods during the course of his employment on a number of occasions, contrary to Section 11 of the Organisation of Working Time Act, 1997. The Complainant decided that he did not wish to proceed with a complaint which he filed under Section 13 (CA-00008080-002) of the Organisation of Working Time Act, 1997. He also advised that the claim filed under Section 15 (CA-00008080-003) of the Organisation of Working Time Act, 1997 was not relevant. He filed his complaint with the Workplace relations Commission on the 9th of November 2016. |
Summary of Complainant’s Case:
CA-00008080-001 – Alleged breaches of Section 11 of the 1997 Act. The Complainant stated that he was employed as a Sales-Assistant and that he was required to work a number of shifts which failed to make provision for daily rest periods, in line with the provisions of Section 11 of the Organisation of Working Time Act, 1997. He submitted work records for week ending 29th of May 2016, 19th June 2016 and the 24th of July 2016 which he alleged demonstrated breaches of Section 11 of the 1997 Act. He is seeking compensation for these breaches. |
Summary of Respondent’s Case:
The Respondent’s representative stated that he was unaware prior to the commencement of the hearing as to what specific complaints the Complainant was alleging against the Respondent as the complaint form which he submitted to the Workplace Relations Commission did not particularise his complaints in any detail. He now wishes to check with the Respondent based on the records provided by the Complainant at the hearing if there are actually breaches of Section 11 of the 1997 Act. |
Findings and Conclusions:
The records submitted by the Complainant at the hearing, clearly show that there were breaches of Section 11 of the 1997 Act for week ending 29th of May, 19th of June and 24th of July 2016. |
Decision:
Section 27(3) of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to this complaint.
Based on the evidence presented by the parties at the hearing, I find that this complaint is well-founded. I order the Respondent to pay to the Complainant, compensation in the sum of €2000 for breaches of Section 11 of the Organisation of Working Time Act, 1997. This sum must be paid within 6 weeks of the date of this decision.
Dated: 11th May 2017
Workplace Relations Commission Adjudication Officer: John Walsh