Case Number: ADJ-00000059. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000059
Date11 May 2016
PartiesAn Employee -v- An Employer
Procedure:

On 6 October 2015, the complainant referred complaints to the Workplace Relations Commission pursuant to the Terms of Employment (Information) Act, the Organisation of Working Time Act and the Payment of Wages Act. In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General of the Workplace Relations Commission, 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. The complaints were scheduled for adjudication on the 18 January 2016. The complainant attended in person and a director attended for the respondent limited company.

Complainant’s Submission and Presentation:

The complainant worked for the respondent limited company as a pizza chef. His employment commenced on 1 December 2013 and came to an end on the 13 September 2015. He outlined that at no time did he receive a contract of employment or any written terms regarding his employment. He generally worked a 40 hour week and also worked many Sundays. He was not paid any Sunday premium and that he worked a great many Sundays. In respect of annual leave, the complainant said that he did not receive any paid annual leave for 2014 and 2015. With regard to 2014, he did not accept the oral evidence of the director of the respondent that he had been paid for annual leave this year. He outlined that his wages were deducted for time he took on annual leave. He says that he was paid for one week in this year but not paid for three further weeks. In respect of wages owed to him, he agreed with the director that he was owed wages for weeks 36 and 37 of 2015 and that the net relevant amounts were €261.73 and €208.78. He had been paid for one other outstanding week. The complainant outlined that he last worked for the respondent on the 11th September 2015 and resigned as he was no longer being paid by the respondent.

Respondent’s Submission and Presentation:

The respondent is a Dublin franchisee of a pizza restaurant and take-away franchise. A director attended the hearing for the respondent. He outlined that he believed that the franchiser had provided contracts of employment to chefs as they did for drivers, but this had not occurred. He was now looking to prepare such a document. Regarding the payment of wages, he said that there were problems with cash flow and acknowledged that wages were owed for weeks 36 and 37, as stated by the...

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