ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006145
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
Complainant |
Respondent |
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Representatives |
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Anthony Kerr BL, Amanda Scales Amanda Scales & Company Solicitors |
Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00008145-002 |
11/11/2016 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00008145-003 |
11/11/2016 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00008145-004 |
11/11/2016 |
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CA-00008145-005 |
11/11/2016 |
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Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 |
CA-00008145-006 |
11/11/2016 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00008145-007 |
11/11/2016 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00008145-008 |
11/11/2016 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00008145-009 |
11/11/2016 |
Date of Adjudication Hearing: 12/09/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Organisation of Working Time Act 1997 and/or Terms of Employment Act 1994, and/or Payment of Wages Act 1991, and/or Unfair Dismissals Act 19977-2015] 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:
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The Claimant has made multiple claims under various Acts (see above). The claim under the Unfair Dismissals Act was withdrawn by the Claimant at the Hearing. |
Summary of Complainant’s Case:
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The Claimant was employed by the Respondent from 16 May to 15 October 2016. During this period, he did not receive his holiday pay and worked 21c days without a day off. He did not receive rest breaks He worked from 8.30 to 18.00. He did not receive written terms of employment until November. He did not receive overtime payments and is claiming €923.00 due. The Claimant went out sick in June due to an accident at work. He claimed that the Respondent advised that he would be paid until Christmas. He received a solicitor letter in October that his employment was terminated. |
Summary of Respondent’s Case:
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The Claimant was appointed to senior position as Executive Head Chef by the Respondent. He determined his own hours and days of work. He was never asked to work more than 40 hours per week or more than seven days. He did not have to be present at all times. He was responsible for his own breaks. He was provided with a staff handbook on taking up employment. It was agreed with him that his role and responsibilities would be jointly draft with the Respondent. The Respondent paid the Claimant while he was out on sick leave. It was subsequently discovered that he was claiming sick benefit from social welfare at the same time but did not inform the Respondent. He was paid for 17 weeks |
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.
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I have considered the submissions of both parties. The Claimant held a very senior position with the Respondent. I am satisfied that he determined his hours and days of work at all times. Therefore, any decision to hours and days were his. In regard to written terms of employment, I find that this was a mere technical breach of the 1994 Act and complicated by the Claimant taking sick leave. I do not find any of the claims made are well founded and they all fail. |
Dated: 20th February 2018
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
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