Case Number: ADJ-00003294. Workplace Relations Commission

Court:Workplace Relations Commission
Docket Number:ADJ-00003294
Parties:A Delivery Driver V A Fast Food Restaurant
Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 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).

1:        Summary of Complainant’s Case:

 

Act

Complaint/Dispute Reference No.

Nature of Complaint / Basic Arguments

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

CA-00004920-001

No Compensation for Sunday Work

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

CA-00004920-002

No Paid Holidays received. Holidays requested in Nov   and Dec of 2015

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

CA-00004920-003

No Public Holidays received

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00004920-004

No pay in lieu of Notice.

 

2:        Summary of Respondent’s Case:

CA-00004920-001 No Compensation for Sunday Work

The Complainant received an Hourly Rate of € 9.25 per hour – this effectively represents a Premium of € 0.60 for Sunday Work –the minimum wage being, at the time, €8.65 per hour.

CA-00004920-002  No Paid Holidays received. Holidays requested in Nov and Dec of 2015.

In regard to Holiday pay for 2015 the Complainant is not due any Holiday pay for this year as he effectively took all holidays due to him.

 

As regards 2016 to the date of the ending of the employment a sum of €99.90 is due to the Complainant and will be paid.

CA-00004920-003   No Public Holidays received

The Complainant was not rostered for Mondays during 2015 and no Public Holiday entitlement is due for that year. As regards 2016 there is an entitlement to one public Holiday and a payment of € 27.75 is due to the Complainant.

CA-00004920-004 No pay in lieu of Notice.

The Complainant resigned voluntarily, without giving any notice and accordingly no notice pay is due.

 

 

 

3:        Findings and Conclusions:

 

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

CA-00004920-001

No...

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