ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053977
Parties:
| Complainant | Respondent |
Parties | Gratiela Cornelia Ursachi | Cape Greko Limited Cape Greko Greek & Cypriot Restaurant |
Representatives | Marius Marosan | Did not attend |
Complaint(s):
Act | Complaint/Dispute 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-00065847-001 | 08/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00065847-002 | 08/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00065847-003 | 08/09/2024 |
Date of Adjudication Hearing: 13/02/2025
Workplace Relations Commission Adjudication Officer: Donal Moore
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
I explained the procedural changes arising from the judgment of the Supreme Court in Zalewski v. An Adjudication Officer, Ireland and the Attorney General [2021] IESC 24 in April 2021. No application was made that the hearing be conducted other than in public.
Background:
The hearing was attended by the Complainant and her representative and an interpreter. Cross examination was not required on the basis the respondent chose not to attend. I allowed the Complainant to make out their case in full and they were satisfied that I had all their evidence before me. The Complainants case is they never received terms and condition of employment and were unpaid for work done and holidays not discharged. I note from the CRO website that the company is still listed as normal with an address at U1 New Street, Malahide, Co Dublin and the company is listed as trading as normal on the CRO website. The notification of the complaint was sent to the correct registered address, and I have concluded from the above that the Respondent was properly on notice. |
Summary of Complainant’s Case:
The Complainant set out under each complaint the following: CA-00065847-001 The company failed to provide her with a written statement of terms of employment under section 7 of the Terms of Employment (Information) Act, 1994 CA-00065847-002 The company failed to provide her with the core terms of employment under section 7 of the Terms of Employment (Information) Act, 1994 CA-00065847-003 Having given 2 weeks’ notice the last 7 days of work were not paid. The employer also did not pay 25 hours of annual leave when my employment came to an end and whenever she would take a break she had one hour cut from her pay. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
The Respondent failed to attend the hearing to contest the assertions of the Complainant, the Case Officer made attempts prior to the hearing and on the morning of the hearing to contact them by phone with no response. I waited the customary 15 minutes for them to attend before conducting the hearing and a reasonable amount of time before issuing my decision. Having noted from the CRO website that the company is still listed with an address at U1 New Street, Malahide, Co Dublin and the company is listed as trading as normal on the CRO website. The notification of the complaint was sent to the correct registered address, and I have concluded from the above that the Respondent was properly on notice. |
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.
CA-00065847-001 For reasons set out above the complaint I find that the complaint is well founded and direct the Respondent to pay the Complainant one week’s salary in the sum of €560.00 gross under CA-00065847-001 CA-00065847-002 For reasons set out above the complaint I find that the complaint is well founded and direct the Respondent to pay the Complainant one week’s salary in the sum of €560.00 gross under CA-00065847-002 CA-00065847-003 - Annual Leave and notice period For reasons set out above by the complaint I find that the complaint is well founded and direct the Respondent to pay the Complainant in respect of three days annual leave (25 hours) €336 gross and 7 days €784 gross pay remaining for her notice period a total amount under CA-00065847-003 of €1120. |
Dated: 10th April 2025
Workplace Relations Commission Adjudication Officer: Donal Moore
Key Words:
No show, |