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ADJ-00007721

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007721

Parties:

	Complainant	Respondent
Anonymised Parties	A General Operative	An Electrical Company

Complaint(s):

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-00010210-001	14/03/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00010210-002	14/03/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00010210-003	14/03/2017

Date of Adjudication Hearing: 09/10/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 6 of the Payment of Wages Act, 1991 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).

Background:

The Complainant was employed from 21^st October 2016 until the 28^th November 2016. At the ending of his employment he alleged that he was due Wages and Minimum Notice. As he had not received a Contract of Employment he was also seeking redress under the Terms of Employment (Information) Act, 1994

1: Summary of Complainant’s Case:

The Complainant alleged that he had been engaged on a rate of €21.49 per hour. He was paid € 9.50 per hour and is claiming the difference for the period of employment - a sum of €1,797.

He did not receive any notice pay on Termination and is claiming a weeks pay - € 838

He is also seeking redress /compensation for not having received a Contract of Employment.

2: Summary of Respondent’s Case:

The Respondent did not appear. I was satisfied that proper notice of the hearing had been served.

3: Findings and Conclusions:

As the evidence of the Complainant was uncontested and was supported by some documentary material I found the claim to be credible.

I accordingly found the Contract and Payment Claims well founded and made awards appropriately.

I was not absolutely convinced regarding the Minimum Notice claim. From Oral evidence, it appeared that the complaint may have simply stopped working, effectively resigning, due to the non-payment of wages.

4: Decision:

Section 41 of the Workplace Relations Act 2015, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Decision and Award
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 No Written Contract supplied	CA-00010210-001	Claim well founded No Contract provided. A sum of €175 is awarded as Compensation.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 Dispute over the rate of pay.	CA-00010210-002	Claim well founded. Based on credible evidence, I award the amount claimed €1,797. This is arrears of Wages and is not Compensation.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 No Minimum Notice paid.	CA-00010210-003	Claim not well founded. Complaint is dismissed.

The sums awarded above in respect of Contract and Rate of Pay to be paid within four weeks of the issue of this Adjudication decision.

The Taxation of the Awards to be clarified by the parties with the Revenue Commissioners.

Dated: 16/11/17

Workplace Relations Commission Adjudication Officer: Michael McEntee