Complainant

Respondent

Parties

Ivana  Lemaic

Connected Ink

Representatives

Laura Duggan Industrial Workers of the World

 Mitch Healy

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-00068798-003

23/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068798-004

23/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068798-005

23/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068798-006

23/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068798-007

23/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068798-008

23/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068798-009

23/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000

CA-00068798-010

23/01/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and a witness for the respondent gave their evidence under affirmation. The hearing proceeded with the assistance of an interpreter provided by the WRC.

The complaint was submitted on 23 January 2025.  The complainant finished up working for the respondent on 14 November 2024. The various complaints are submitted under legislation which restricts consideration to the six months prior to the date of submission of the complaints.  Although the legislation permits an extension of this period, no such extension was sought.  Accordingly, the period for consideration of these complaints is 24 July 2024 to 23 January 2025.

The complainant submitted that she was an employee and worked a 40-hour week.

CA-00068798-003 Terms & Conditions of Employment

The complainant submitted that she did not receive a copy of her terms and conditions in writing at any stage.

CA-00068798-004 Public Holiday Entitlements

The complainant stated that she did not receive her public holiday entitlements.

CA-00068798-005 Annual Leave

The complainant stated that she was not paid appropriately or at all for her annual leave entitlements when she left employment.

CA-00068798-006 Public Holidays

The complainant stated that she was not paid appropriately or at all for her public holiday when she left employment.

CA-00068798-007 Sunday Hours

The complainant stated that she did not receive compensation for working on a Sunday in accordance with the legislation.

CA-00068798-008 Holiday/Annual Leave

The complainant stated that she was not paid appropriately or at all for her annual leave entitlements.

CA-00068798-009 Break times

The complainant stated that she was not receive any scheduled breaks.

CA-00068798-010 National Minimum Wage

The complainant submitted that she was paid €500 per week for a 40-hour week giving rise to an hourly rate of €12.50, below the Minimum wage of for the period (€12.70)

The respondent submitted that the complainant was a self-employed sub-contractor.

CA-00068798-003 Terms & Conditions of Employment

The respondent confirmed that he did not provide the complainant with terms and conditions in writing as she was self-employed.

CA-00068798-004 Public Holiday Entitlements

The respondent conceded that the complainant did not receive public holiday entitlements noting that she was not an employee.

CA-00068798-005 Annual Leave

The respondent conceded that the complainant did not receive annual leave entitlements noting that she was not an employee.

CA-00068798-006 Public Holidays

The respondent conceded that the complainant did not receive public holiday entitlements noting that she was not an employee.

CA-00068798-007 Sunday Hours

The respondent noted that the complainant could not demonstrate that she worked a Sunday during the period under consideration while also noting that she was not an employee.

CA-00068798-008 Holiday/Annual Leave

The respondent conceded that the complainant did not receive annual leave entitlements noting that she was not an employee.

CA-00068798-009 Break times

The respondent noted that the complainant could take breaks when there was a lull in business.

CA-00068798-010 National Minimum Wage

The respondent stated that notwithstanding that she was self-employed, she was paid €500 for a 38-hour week, an hourly rate of €13.15 which is above the minimum wage.

Preliminary matter: Employment Status

There is no paperwork showing that the complainant is either self-employed or an employee.  The respondent noted that the complainant brought her own Health & Safety certificates, in her own name to the workplace.  The complainant submitted that the respondent provided the premises, provided the needles for piercing clients, provided the jewellery and any other materials required and arranged the opening hours.

The respondent confirmed that he paid for the equipment but noted that he did not pay for insurance and that the complainant’s insurance was a matter for her.  He confirmed that when she was not available, the piercing shop was closed.  He also confirmed that he paid the complainant a set rate for a set number of hours per week.

Having regard to the circumstances of the employment relationship and to the lack of documentation indicating otherwise, I am satisfied that on balance, the complainant was an employee of the respondent.

CA-00068798-003 Terms & Conditions of Employment

The complainant did not receive terms and conditions of her employment in writing.  This fact was confirmed by the respondent.  As I have already found that the complainant was an employee, I find that the complaint is well founded.  I consider that an award of compensation of equivalent to four weeks’ pay, i.e., €2000, is just and equitable having regard to all the circumstances in the circumstances.

CA-00068798-004 Public Holiday Entitlements

The respondent confirmed that the complainant did not receive this entitlement as she was not an employee.  The complainant is only claiming in respect of one Public Holiday.  Arising from my decision that she was an employee, I find that this complaint is well founded and that compensation equivalent to one week’s salary, i.e., €500 is just and equitable in all the circumstances of this case.

CA-00068798-005 Annual Leave

The respondent confirmed that the complainant did not receive this entitlement as she was not an employee.  The complainant submitted that she received up to two weeks Annual Leave, however it was not paid for.  Arising from my decision that she was an employee, I find that this complaint is well founded and that compensation equivalent to four weeks salary, i.e., €2000 is just and equitable in all the circumstances of this case.

CA-00068798-006 Public Holidays

The respondent confirmed that the complainant did not receive this entitlement as she was not an employee.  Arising from my decision that she was an employee, I find that this complaint is well founded.

CA-00068798-007 Sunday Hours

The respondent submitted that the complainant could not given any evidence of having worked on a Sunday during the period under consideration.  Having regard to the complainant’s evidence, I am not satisfied that she has demonstrated that she worked on a Sunday during the cognisable period.  Accordingly, I find that this complaint is not well founded.

CA-00068798-008 Holiday/Annual Leave

The respondent confirmed that the complainant did not receive this entitlement as she was not an employee.  Arising from my decision that she was an employee, I find that this complaint is well founded.

CA-00068798-009 Break times

The respondent confirmed that the complainant did not receive set break times but could go on a break when business permitted.  It was confirmed that no record was kept of breaktimes and that submitted that the complainant was not an employee.   Arising from my decision that she was an employee, I find that this complaint is well founded and that compensation equivalent to two weeks salary, i.e., €1000 is just and equitable in all the circumstances of this case.

CA-00068798-010 National Minimum Wage

The complainant stated that she was paid €500 per week and stated that she worked a 40-hour week, the respondent submitted that she worked a 38-hour week and the complainant conceded that she may have worked a 39-hour week.  Either 38 or 39 hours per week results in an hourly rate above the minimum wage (€13.15 or €12.82 respectively).  Accordingly, I find that this complaint is not well founded.

CA-00068798-003 Terms & Conditions of Employment

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded, and I award the complainant compensation of €2000, which I consider to be just and equitable in all the circumstances.

CA-00068798-004 Public Holiday Entitlements

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded, and I award the complainant compensation of €500, which I consider to be just and equitable in all the circumstances.

CA-00068798-005 Annual Leave

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well-founded, and I award the complainant compensation of €2000, which I consider to be just and equitable in all the circumstances.

CA-00068798-006 Public Holidays

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded.  I consider that the compensation awarded above is sufficient in all the circumstances.

CA-00068798-007 Sunday Hours

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that this complaint is not well founded.

CA-00068798-008 Holiday/Annual Leave

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded.  However, I consider that the compensation awarded above is sufficient in all the circumstances.

CA-00068798-009 Break times

Having considered all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded, and I award the complainant compensation of €1000, which I consider to be just and equitable in all the circumstances.

CA-00068798-010 National Minimum Wage

Having considered the written and oral evidence submitted in relation to this complaint, my decision is that the complaint is not well founded.

Terms of Employment – breach established – compensation awarded – Organisation of Working Time – Public Holiday entitlement – Annual Leave Entitlement – entitlement to Breaks - complaints well founded - award of compensation – National Minimum Wage – no breach established – Sunday hours – complaint not well founded.