ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008229

Parties:

	Complainant	Respondent
Anonymised Parties	A Complainant	A Respondent

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00010939-001	24/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00010939-002	24/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00010939-003	24/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00010939-004	24/04/2017

Date of Adjudication Hearing: 13/09/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015and/or Section 8 of the Unfair Dismissals Acts, 1977 - 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 Claimant has made multiple claims under various Acts (see above).

Summary of Complainant’s Case:

The Claimant transferred to the Respondent’s employment in or around September 2016. He was given application forms on two separate occasions to complete with a view to obtaining a written statement of terms of employment. He completed these forms but was never given a written statement. Shortly after his dismissal his colleagues were given such statements.

The Claimant first wages were not paid until some 45 days after the takeover. This payment was at a rate of €9.00 per hour, not his contractual entitlement of €10.75. He also has outstanding holidays due.

The Claimant was encouraged to tender his resignation and was eventually dismissed without notice on 1 April 2017 when he was advised by a member of the Respondent’s staff; we are not happy with you. You are not working at ……. any more. The Respondent did not give the Claimant any more hours at any location.

Summary of Respondent’s Case:

There was an unexplained absence of the Respondent.

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.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

AS there was an unexplained absence of the Respondent I accept the uncontested evidence presented on behalf of the Claimant. I find his claims well founded and make the following awards;

Under CA 939-001 ; Unfair Dismissals Act

I award the claimant €5,000.00 for lack of fair procedures

Under CA 939-002 : Terms of employment (Information) Act

I award €360.00

Under CA-939-003; Payment of wages Act

I award €280.00 in outstanding wages and €650.00 in holidays

Under CA-939-004; Minimum Notice & Terms of Employment Act

I award €720.00 in notice

I award a total of €7,010.00

Dated: 4 April 2018

Workplace Relations Commission Adjudication Officer: John Tierney