ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008229
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
A Complainant |
A Respondent |
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 8 of the Unfair Dismissals Act, 1977 |
CA-00010939-001 |
24/04/2017 |
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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 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00010939-003 |
24/04/2017 |
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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, 2015 and/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:
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The Claimant has made multiple claims under various Acts (see above). |
Summary of Complainant’s Case:
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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.
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Summary of Respondent’s Case:
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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.
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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