ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023343
Parties:
| Complainant | Respondent |
Anonymised Parties | A Manager | A Construction Business |
Representatives | Richard Stapleton, Solicitor of Richard Stapleton Solicitors | Did not attend – no Representation |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029848-001 | 24/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029848-002 | 24/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00029848-003 | 24/07/2019 |
Date of Adjudication Hearing: 16/10/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 6 of the Payment of Wages Act, 1991, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 8 of the Unfair Dismissals Acts, 1977 - 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:
The issues in contention concern the alleged Unfair Dismissal of an employee from a Construction Company with associated Wages , Notice Pay and Terms of Information complaints |
1: Summary of Complainant’s Case:
Act | Complaint/Dispute Reference No. | Summary Complaints |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029848-001 | Unpaid Wages of €4,170 9 Days Annual Leave in the value of €1,620 One Week Minimum notice in the value of €900 Total €6,690 Pay Documentation in support was supplied. |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029848-002 | No Contract or Terms and Conditions ever supplied. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00029848-003 | By letter dated the 7th June 2019 the Complainant was dismissed. Absolutely no procedures were followed ,no warning was given, and no Appeal offered.
The Dismissal was completely Unfair. |
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2: Summary of Respondent’s Case:
Then Respondent did not attend the Hearing and no explanations for non-attendance were supplied. I was satisfied that the Respondent had been properly notified of the time, venue and date of the Hearing. |
3: Findings and Conclusions:
The Respondent offered no evidence to the Hearing. The Complainant gave a detailed statement supported by his Legal Representative. I found the evidence ( written and oral) and demeanour of the Complainant convincing. Accordingly, my conclusions are set out below.
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4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 6 of the Payment of Wages Act, 1991, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Act | Complaint/Dispute Reference No. | Summary Decision /Please refer to Section Three above for reasoning and additional details. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029848-001 | Claim is Well Founded. An award of €6,690, in favour of the Complainant, (comprising of Outstanding Wages €4,170, Outstanding Holiday Pay €1,620 and Minimum Notice of €900 )is made under Section 6 of the Payment of Wages Act, 1991 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00029848-002 | Claim is Well Founded. An award of €3,600 as Compensation for loss of a Statutory Right , under section 7 of the Terms of Employment (Information) Act, 1994 is made in favour of the Complainant.
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Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00029848-003 Unfair Dismissal | Claim is Well Founded. Dismissal was Unfair. Redress , of €20,000 , being just and equitable having regard to all the circumstances , under Section 7 of the Unfair Dismissals Act,1977 is ordered. (this being €7,200 lost Wages and 62 weeks lost future earnings of € 12,800 – on the basis of clear evidence supplied. Redress of Re Engagement or Re Instatement was not deemed appropriate. |
The proper Taxation of these awards is a matter for consultation by the Parties with the Revenue Commissioners. |
Dated: 6th December 2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
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