ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054962
Parties:
| Complainant | Respondent |
Parties | Cristina Alina Cocis | Key Waste Management 2 Limited |
| Complainant | Respondent |
Representatives | Marius Marosan | Anna Rosa of ESA Consultants |
Complaints:
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-00067015-001 | 29/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00067015-002 | 29/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00067015-003 | 29/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00067015-004 | 29/10/2024 |
Date of Adjudication Hearing: 22/07/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 27 of the Organisation of Working Time Act, 1997 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
Background:
The issues in dispute, Employment Information & Rates of pay for Public and Ordinary Holidays are between an Operative and a Waste Management Company. The employment commenced on the 18th December 2022 and continues. The gross pay was stated by the Complainant to be €14:00 per hour for an average 47.50-hour week. |
1: Summary of Complainant’s Case:
1:1 CA-00067015-001 - Section 7 of the Terms of Employment (Information) Act, 1994 The Complainant did not receive her “core terms” of employment in writing in contravention of the Act. 1:2 CA-00067015-002 -Section 7 of the Terms of Employment (Information) Act, 1994 The Complainant did not receive a written statement of her Terms of Employment in contravention of the Act. 1:3 CA-00067015-003 - Section 27 of the Organisation of Working Time Act, 1997 The Complainant works an agreed 47-hour week but on holidays is only paid for 40 hours. 1:4 CA-00067015-004 - Section 27 of the Organisation of Working Time Act, 1997 The Complainant alleged that she only received 8 hours per day for a Bank Holiday but works a 9.5-hour day.
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2: Summary of Respondent’s Case:
2:1 CA-00067015-001 - Section 7 of the Terms of Employment (Information) Act, 1994 & CA-00067015-002 -Section 7 of the Terms of Employment (Information) Act, 1994. The Respondent stated that they could not locate a signed copy of any written documents regarding T &Cs of employment to the Complainant. It was their practice to issue such documents to all employees and any lapse here was completely inadvertent and a minor not material technical issue. A new HR Manger had been appointed in early 2025. As a part of a review of files a comprehensive Document/Contract had been issued on the 15th July 2025. 2:2 CA-00067015-003 - Section 27 of the Organisation of Working Time Act, 1997 & CA-00067015-004 - Section 27 of the Organisation of Working Time Act, 1997 As part of the review mentioned above, by the newly appointed HR Manger, a range of Payments for incorrect classification of Holidays, both Public and Private had been offered. An issue arose at the Hearing regarding “Carry over” days from one leave year to another which may have resulted in an unfavourable calculation to the Complainant. The Respondent agreed, with Mr Marosan, to fully investigate and amend the offer if required. |
3: Findings and Conclusions:
3:1 CA-00067015-001 - Section 7 of the Terms of Employment (Information) Act, 1994 & CA-00067015-002 -Section 7 of the Terms of Employment (Information) Act, 1994 In relation to these Complaints the Respondent tacitly admitted that no proper Contracts had been issued or if so, they could not be located. Accordingly, under Section 7 of the Terms of Employment (Information) Act, 1994 Compensation Redress is due for breach of a Statutory Right. As both complaints are essentially identical a single redress ward will be made for CA-00067015-001 to also include CA-00067015-002 3:2 CA-00067015-003 - Section 27 of the Organisation of Working Time Act, 1997 & CA-00067015-004 - Section 27 of the Organisation of Working Time Act, 1997 Very detailed calculations and a substantial offer of an arrears payment were presented by the Respondent to the Hearing. Subject to further clarification and agreement from Mr Marosn, for the Complainant, regarding Carry Over days being misinterpreted , the Respondent offer to the Hearing is deemed appropriate in favour of the Complainant.
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4: Decision:
Section 41 of the Workplace Relations Act 2015 , Section 7 of the Terms of Employment (Information) Act, 1994 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 CA-00067015-001 - Section 7 of the Terms of Employment (Information) Act, 1994
The Complaint is deemed to be Well Founded.
Redress in the amount of one weeks’ stated pay of €14.00 x 47.50 hours = €665 is awarded as Compensation (not Renumeration) for the Breach of a Statutory Right.
4:2 CA-00067015-002 -Section 7 of the Terms of Employment (Information) Act, 1994
The Complaint is deemed to be Well Founded.
No Redress is awarded as the redress award for CA-00067015-001 is deemed to include Redress for CA-00067015-002
4:3 CA-00067015-003 - Section 27 of the Organisation of Working Time Act, 1997 & CA-00067015-004 - Section 27 of the Organisation of Working Time Act, 1997
These complaints are deemed to be legally Well Founded.
Arrears as offered by the Respondent to be paid, subject to further clarifications regards “Carry Over days”. The details are in the Respondent submission. The payments may already have been paid.
As regards the Breach of a Statutory Right in both Complaints a total Compensation Lum Sum of € 150 is awarded. This figure to Compensate for both Complaints (€75 x 2)
Dated: 03-10-2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Organisation of Working Time Act, 1997 & Terms of Employment (Information) Act, 1994 |