ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010313
Parties:
| Complainant | Respondent |
Parties | Waiter | Restaurant |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00013510-001 | 31/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00013510-002 | 31/08/2017 |
Date of Adjudication Hearing: 25/09/2017
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 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).
Minimum Notice & Terms of Employment Act 1973
CA-00013510-001
Background
The claimant worked for the respondent from the 20th December 2016 until the 11th June 2017. He was paid €9.50 per hour working an average of 30 hours per week. The claimant stated that he was dismissed on the 11th June with no notice.
Findings
The respondent did not attend
Decision
Section 41 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 uncontested evidence I find the complaint to be well founded and the he is entitled to 1 week’s pay of €300 as notice payment.
Organisation of Working Time Act 1997
CA-13510-002
The claimant worked for the respondent from the 20th December ‘16 to the 11th June 2017. He stated that he did not receive any holidays or holiday pay for the period of his employment he received a bonus payment of €22 euros in his final pay slip.
Findings
I find that based on the claimant’s p45 the he worked for 22 weeks and his gross pay was €5159.31I on the hourly rate of €9.50 the claimant worked 543.08 hours. I find that based on 8% for each 100 hours worked the claimant is entitled to 543.06hours @ €9.50 per hour=€412.75gross
Decision
Section 41 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 uncontested evidence I find the complaint to be well founded and I award the claimant the sum of €412.75 gross in respect of holiday pay and for breach of the act I award the claimant €800 in compensation.
Dated: 20/11/17
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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