ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013983
| Complainant | Respondent |
Anonymised Parties | A Labourer | A Construction Company |
Complaints:
Act | Complaints 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-00018328-001 | 05/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018328-002 | 05/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018328-003 | 05/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018328-004 | 05/04/2018 |
Date of Adjudication Hearing: 11/09/2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 by the respondent as a labourer from the 17th May 2017, until his employment terminated on 13th October 2017. He worked 40 hours per week and was paid €550. He is claiming that he did not receive a statement in relation to his terms of employment, that he was not paid for annual leave and public holidays. His claim in respect of notice payment under the Payment of Wages was withdrawn at the hearing. |
CA-00018328-004
This complaint was withdrawn at hearing.
CA-00018328-001 Terms of Employment (Information) Act, 1994
Summary of Complainant’s Case:
The complainant said that he did not receive a statement or a contract of employment. |
Summary of Respondent’s Case:
The respondent accepted that he did not give the complainant written terms of employment. He had tried to sort it out while the complainant was in the employment but it was not successful. |
Findings and Conclusions:
The Terms of Employment (Information) Act 1994 provides the following: 3.—(1) “An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment,” It is accepted that no such statement was provided to the complainant to comply with the Act. I find that the complaint is well founded and award the complainant compensation in the amount of €200. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I order the respondent to pay the complainant €200 compensation in respect of the breach of the Act. |
CA-00018328-002 Organisation of Working Time Act, 1997
Summary of Complainant’s Case:
The complainant said that he was not paid his holiday entitlements when his employment ended. |
Summary of Respondent’s Case:
The respondent accepted that the complainant has an entitlement to holiday pay on the cessation of his employment. |
Findings and Conclusions:
It was agreed that the complainant’s outstanding entitlement is 67.20 hours at an hourly rate of €13.77 and this amounts to €925.34. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is well founded and I order the respondent to pay him the sum of €925.34 respect of his annual leave entitlements. This amount is subject to any lawful deductions. |
CA-00018328-003 Organisation of Working Time Act, 1977
Summary of Complainant’s Case:
The complainant said that he was not paid for the October public holiday. |
Summary of Respondent’s Case:
The respondent accepted that he did not pay the complainant for the public holiday. |
Findings and Conclusions:
I note that Section 23(2) provides as follows: (2) Where— (a) an employee ceases to be employed during the week ending on the day before a public holiday, and (b) the employee has worked for his or her employer during the 4 weeks preceding that week, the employee shall, as compensation for the loss of his or her entitlements under section 21 in respect of the said public holiday, be paid by his or her employer an amount equal to an additional day’s pay calculated at the appropriate daily rate.
I find that this complaint is not well founded, as the complainant had ceased to work for the respondent on the 13th of October and the public holiday fell on the 30th of October. I find that he did not work for the employer in the 4 weeks preceding the public holiday and does not comply with the conditions of the Act. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is not well founded. |
Dated: 14th December 2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
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