Case Number: ADJ-00007418 conjoined with ADJ 8005. Workplace Relations Commission

Judgment Date01 October 2017
CourtWorkplace Relations Commission
Docket NumberADJ-00007418 conjoined with ADJ 8005
PartiesA Manager V A Pizza Business
ADJUDICATION OFFICER DECISION Adjudication Reference: ADJ-00007418 conjoined with ADJ 8005 Parties:

Complainant

Respondent

Parties

A Manager

A Pizza Business

Complaints:

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00010155-001

10/03/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00010155-002

10/03/2017

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

CA-00010155-003

10/03/2017

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

CA-00010155-004

10/03/2017

Date of Adjudication Hearing: 01/08/2017

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 Section 8 of the Unfair Dismissals Acts, 1977 - 2015, Section 11 of the Minimum Notice and Terms of Employment Act,1973, Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act , 1997 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 .

Background:

The Complainant submitted that a transfer of undertakings occurred at his workplace during December 5, 2016, the effect of which caused him to lose his job .This case is con joined with ADJ 8005.

Summary of Complainant’s Case:

The Complainant, a British National commenced work as a General Assistant at a Pizza Business on 21 September,2015 He signed a contract of employment for a 20 hour week on 21 September .

In October, 2015, he was offered the Managers position, without an increase in wages and worked a 54 hour week over a 6 day week. He worked this arrangement until December 5, 2016 .He received a nett payment of €83 per day and there was a disparity in the electronic pay slips which under recorded the payments, which were made in cash.

Every Sunday, the Complainant submitted that he reported to the owner of his business, Mr A. via text and phone. He submitted records of the exchange of texts from December 2015 to 24 October 2016. He submitted that he reported on weekly sales, expenditure, staff pay, rent and proceeds banked. He had a good relationship with the owner, Mr A.

CA-00010155-001

On 5 December 2016, the complainant arrived for his shift at 3.30 pm as usual to find the owner there in the company of 5 men, he didn’t know. Mr A told him that one of the five men was Mr B, the new owner and that the complainant’s job was gone .This was the first that the complainant had heard of this and was shocked.

The Complainants representative detailed that Mr B told the complainant that he had his own staff, who were relatives of Mr B.

The Complainant then commenced work before he was asked to leave the premises by Mr B. The Gardaí were called, who informed the complainant that he should work for the rest of the shift, which he did. Mr A paid the complainant €2,500 in unpaid holiday pay .

At the end of the day ,At the end of the day , the Complainant was physically pushed around by the new Owner and his staff and had €1,000 taken from his pocket .The Complainant submitted a complaint of assault , which is currently before the DPP .The Complainant wrote to Mr B on 13 December seeking payment for his days pay ,one months pay in lieu of notice and compensation for unfair dismissal .

He did not receive a reply and tried again on 6 the January, 2017 without success. He requested a copy of his employee file from Mr A only to be informed on 28 March 2017 that the business had been transferred to Mr Bs’ company business name. His P 45 was attached, where the incorrect PPSN number was listed and the PRSI details were...

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