ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00058278
Parties:
| Complainant | Respondent |
Parties | Mihaela Gabriela Vizitiu | Alexandru Vasilica t/a Enache Quality Cleaning Solution |
Representatives |
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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-00070823-001 | 15/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00070823-002 | 15/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00070823-003 | 15/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00070823-004 | 15/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00070823-005 | 15/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00070823-006 | 15/04/2025 |
Date of Adjudication Hearing: 24/07/2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 41(1) of the Workplace Relations Act of 2015, an Employee may present a complaint or complaints (or present a dispute) to the Director General of the Workplace Relations Commission setting out any perceived contraventions (by the Employer) of the provisions and enactments set out in Schedule 5 of the Workplace Relations Act of 2015. Schedule 5 of the said Act includes up to thirty pieces of legislation which operate to ensure legal certainty and fairness in the workplace. Where a complaint has been presented, the Director General shall refer the complaint for adjudication by an Adjudication Officer.
An Adjudication Officer to whom a complaint or complaints (or a dispute) has been referred under section 41 shall—
(i) inquire into the complaint or dispute,
(ii) give the parties to the complaint or dispute an opportunity to—
(I) be heard by the adjudication officer, and
(II) present to the adjudication officer any evidence relevant to the complaint or dispute,
(iii) make a decision in relation to the complaint or dispute in accordance with the relevant redress provision…
Generally, an Adjudication Officer shall not entertain a complaint (note disputes dealt with in 41(7)) referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates. However, an Adjudication Officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the six-month period if the Adjudication Officer is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.
The Complainant herein has brought a number of complaints against the Employer concerning alleged contraventions of different Acts contained in Schedule 5 of the Workplace Relations Act of 2015. In particular, the Complainant herein has referred the following complaints: -
- A complaint has been referred by the Complainant as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and where the said Employee employed by an Employer is entitled to have been provided (within two months of the commencement of the employee’s employment with the employer) with a Statement of certain Terms of the employment. In circumstances where I consider the complaint to be well founded, I may require a Statement of Terms be provided. In addition, I am entitled to direct a payment of compensation up to the value of four weeks remuneration such that is just and equitable in all the circumstances.
- The Complainant has made a complaint concerning a contravention of a recognised Employment Regulation Order (ERO) which in this instance refers to the Contract cleaning sector. Section 45A of the Industrial Relations Act of 1946 allows for redress measures where the complaint is well founded. This can include a compliance requirement as well as compensation up to two years of remuneration.
- A complaint of a contravention of Section 5 of the Payment of Wages Act, 1991, that is, a complaint of an unlawful deduction having been made from the Employee’s wage. Pursuant to Section 6 of the said 1991 Act, and in circumstances where the Adjudicator finds that the complaint of a contravention of Section 5 aforesaid is deemed to be well founded, then the Adjudicator can direct that the employer pay to the employee an amount which is subject to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991.
- The Complainant has asserted three separate instances of the Employer’s contravention of the Organisation of Working Time Act 1997 and in particular he has made reference to:
Section 19 of the Act which sets out those circumstances which give rise to annual leave entitlements.
Section 21of the Act which set out the entitlements in respect of Public Holidays.
Section 15 of the Act which sets out the maximum permissible number of weekly working hours.
Background:
This hearing was to be conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was to be conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing. Had evidence been given it would have been in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came intoeffecton the 29th of July 2021, and which said legislation accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence. The Complaint herein was brought to the attention of the WRC on the 15th of April 2025 by way of a workplace relations complaint form. |
Summary of Complainant’s Case:
The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 27th of June 2025 - and emailed to the email address provided by the Complainant on the workplace relations complaint form. The said email address was that of the Complainant’s representative. The Complainant had specifically agreed to communication by electronic means when filling out his complaint form. From the complaint form provided, I have discerned that the Complainant seeks to establish a number of issues against the Employer. |
Summary of Respondent’s Case:
The Respondent did not attend. I am satisfied that the Respondent was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 27th of June 2025 - and sent via standard post to the address provided. |
Findings and Conclusions:
The Complainant did not attend and did not provide oral evidence to substantiate the claims made against the Employer. In the circumstances none of the alleged contraventions can be deemed well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to each of the complaints raised herein and in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00070823-001 – The complaint herein is not well founded and fails. Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 CA-00070823-002 - The complaint herein is not well founded and fails. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00070823-003 - The complaint herein is not well founded and fails. Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00070823-004 - The complaint herein is not well founded and fails. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00070823-005 - The complaint herein is not well founded and fails. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00070823-006 - The complaint herein is not well founded and fails.
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Dated: 05.09.2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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