Case Number: ADJ-00000179. Workplace Relations Commission

Docket NumberADJ-00000179
Date15 July 2016
CourtWorkplace Relations Commission
PartiesA waitress v A restaurant
ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000179

Complaint(s)/Dispute(s) for Resolution:

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

CA-00000275-003

16/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00000275-004

16/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946

CA-00000275-005

16/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00000275-006

16/10/2015

Date of Adjudication Hearing: 25/04/2016

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The complainant submitted four separate claims.

The complainant was employed from May 20th 2015 to September 30th 2015 as a Waitress.

The first complaint was that the employer was not keeping statutory records under a Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012.

The second complaint was that she was unfairly dismissed and was seeking a review under the Industrial Relations Acts.

The third complaint was that she was bullied and harassed and the claim was brought under Section 13 of the Industrial Relations Act 1946. The complainant stated she was continuously harassed by the Head Chef and that she had poor writing skills and that the Head Chef used bad language towards the complainant and called the complainant a gypsie..

The fourth complaint was that she was penalised for invoking entitlements under the Protection of Employees (Fixed Term Work) Act 2003.

Respondent’s Submission and Presentation:

The Respondent alleged the claims were both frivolous and vexatious and sought for them to be dismissed under Section 42 of the Workplace Relations Act 2015.

The Respondent alleged that the Adjudicator had no jurisdiction to hear the claim under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 as this Act only applies to mobile workers or drivers and as the claimant was a Waitress the Act does not apply to her.

The complainant was hired under a contract of employment which stated her employment will be probationary for the first six months and termination of the employment will be at the discretion of the organisation during the probationary period. The complainants employment was terminated during this probation period with due procedure and no unfair dismissal took place.

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