Case Number: ADJ-00003391. Workplace Relations Commission

• Docket Number: ADJ-00003391
• Date: 17 January 2016
• Court: Workplace Relations Commission
• Parties: Employer v Employee

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003391

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

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00004952-002	31/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00004952-003	31/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00004952-004	31/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00004952-005	31/05/2016

Date of Adjudication Hearing: 12/12/2016

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and section 6 of the Payment of Wages Act, 1991 and Section 8 Unfair Dismissal Act, 1977and Section 14 Protection of Employees ( fixed Terms work) Act, 2003 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.

Complainant’s Submissions:

The complainant commenced work with the respondent in February, 2015. He was employed as a Chef. He resigned his position in April, 2016. After he handed in his resignation he wanted to work out his notice but after two days the owner told him to go. He was not paid for those two days and was not paid the balance of his notice. He also states that he is entitled to four weeks holidays having never taken holidays when he worked with the respondent. The complainant later conceded that he did take one week holiday and was paid for it. He worked his other three weeks holidays. He didn’t apply to take leave as he thought he wouldn’t be allowed to go.

The complainant stated that he was never given a contract of employment but accepts that he brought that claim under the wrong act. He brought that claim under the Protection of Employees (Fixed-Term Work) Act 2003.

Respondent’s Submissions:

The respondent business owner and the complainant knew each other before the...