Complainant

Respondent

Parties

Haroldo  Ribeiro Larrubia

The Accomodation Kingdom Limited trading as The Accomodation King

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00062292-001

12/03/2024

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

CA-00062292-002

12/03/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00062292-003

12/03/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00062292-004

12/03/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00062292-005

12/03/2024

The Respondent provides short term rentals through Airbnb.

The Complainant was employed as operations manager and oversaw many of these properties and lived in one.

In early 2024 the Complainant returned to his home country for a holiday. When this concluded he indicated to the Respondent that he would not longer be working for them. The Complainant alleges that he did not receive Sunday premium, public holidays or a statement of particulars of employment. He alleges that he was dismissed when he handed in his notice and that he did not receive any notice.

The Complainant attended the hearing and gave evidence under affirmation with the assistance of a translator. He made extensive written submissions.

The Respondent’s Director Brian Reilly attended the hearing and gave evidence under affirmation. He made extensive written submissions.

Organisation of Working Time Act

The Complainant has submitted two complaints under the Organisation of Working Time Act.

The first concerns an alleged failure to pay Sunday premium. The Respondent argues that they did pay a Sunday premium but that was rolled into the Complainant’s salary and that he was given flexible time off in lieu for Sunday working. Either measure would satisfy the employers obligations under Section 14 of the act however there is no written evidence of these and it appears the Complainant was just paid a set salary with no additional amount specifically apportioned for Sunday working in a contract of employment or any other document. The Complainant’s evidence was that he struggled to take any time off in lieu. 

Keeping in mind the Respondent’s obligation to maintain working time records, as set out in Section 25 of the Act, and which they have not provided, I am satisfied that the Complainant did not receive compensatory paid time off for Sunday working.

The second concerns an alleged failure to allow the Complainant to take public holidays. The Complainant argues he did not get the October bank holiday and New Year’s Day off. The Respondent’s evidence was that the Complainant did have to work on the New Year’s Day but that he was allowed take a compensatory day off. The Complainant accepts there was a policy which allowed this but did not actually have the time to take off.

The Complainant’s evidence regarding the October bank holiday was unclear and seemed to centre on issues that arose in the accommodation he lived in, specifically a gas leak. He appeared to live in accommodation that the Respondent advertised on Airbnb but there was also a separate landlord in place who the Complainant liaised with as a tenant. I am not satisfied that he was carrying out work on that day.

Also keeping in mind the Respondent’s obligation to maintain working time records, as set out in Section 25 of the Act, and which they have not provided, I am satisfied that the Complainant did not receive compensatory rest for the New Years Bank Holiday.

Redress CA-00062292-001

The Complainant was paid approximately €760 per week.

While the Respondent accepts that he worked Sundays it is unclear from the Complainant’s evidence how frequent this was or how many hours he had to be available on any given Sunday over the 6 months preceding his complaint. 

In the circumstances I award him two weeks pay as compensation.

Redress CA-00062292-002

The Complainant had to work on New Years Day, I am not satisfied he was given compensatory paid time off. In the circumstances, I award him one week of pay as compensation.

Terms of Employment (Information) Act

Both parties accept the only contract the Complainant got was in April 2023. This was addressed to someone else and does not fulfil the requirements of the act. In the circumstances the Complainant suffered a subsisting breach of his statutory rights which carried on until his resignation. The complaint is well founded and in time.

There was a general lack of clarity regarding the Complainant’s terms and conditions of employment and I am satisfied that this caused a degree of stress and instability in the employment relationship.

In the circumstances I award him four weeks of pay as compensation.

Unfair Dismissals Act

Over the course of winter 2023 and early 2024 it appears the employment relationship became strained and the Complainant was considering leaving. He took off the month of February to visit his home country. He returned and resigned by text message on the 3rd of March which the Respondent accepted. 

The Complainant now disputes that he resigned immediately and argues that his text was merely notice that he intended to resign in the future so that the Respondent might make arrangements. The Respondent’s actions on the 4th were, he argues, a dismissal while he was supposed to be working his notice.

However, when the Respondent responded and outlined that he would process his final payslip the Complainant didn’t seek to clarify the situation, nor did he engage with the Respondent’s attempts to meet or to reschedule when the times proposed by the Respondent didn’t suit him.

In the circumstances I am satisfied he resigned and was not dismissed.

Minimum Notice & Terms of Employment Act

As outlined above I am satisfied that the Complainant resigned and did not seek to work out any notice. He was not dismissed and was not entitled to notice.  

 CA-00062292-001

I find the complaint well founded I direct the Respondent to pay the Complainant €1520 in compensation.

CA-00062292-002

I find the complaint well founded I direct the Respondent to pay the Complainant €760 in compensation.

CA-00062292-003

I find the complaint well founded I direct the Respondent to pay the Complainant €3040 in compensation.

CA-00062292-004

I find that the complaint is not well founded.

CA-00062292-005

I find that the complaint is not well founded.