Case Number: ADJ-00010391. Workplace Relations Commission

Date13 February 2019
Docket NumberADJ-00010391
CourtWorkplace Relations Commission
PartiesAn Employee V A Restaurant

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, andfollowing 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.


The Complainant, who is a full-time student, worked on a part-time basis at weekends and during college holidays, with the Respondent, who run the café. The Complainant commenced employment with the Respondent on 22 November 2015 and her employment ended on 22 March 2017, which was her last pay date.

Summary of Complainant’s Case:

The Complainant submitted six complaints under various pieces of legislation, as set out below:

CA-00013397-002 – Payment of Wages Act, 1991 (Notice)

The Complainant claims that she did not receive the appropriate payment in lieu of notice on the termination of her employment.

CA-00013397-003 – Organisation of Working Time Act, 1997 (Annual Leave)

The first of the Complainant’s two complaints under the Organisation of Working Time Act relates to annual leave. She claims that she did not receive paid holiday/annual leave.

CA-00013397-004 - Organisation of Working Time Act, 1997 (Public Holidays)

The Complainant’s second complaint under the 1997 Act relates to a claim that she did not receive her Public Holiday entitlements as set out in the Act.

CA-00013397-005 – Terms of Employment (Information) Act, 1994

The Complainant claims that she did not receive a statement in writing of the terms and conditions of employment.

CA-00013397-006 – Unfair Dismissals Act, 1977

The Complainant claims that she was unfairly dismissed by the Respondent.

At the Hearing, the Complainant submitted that, after an incident which involved her sister, the Respondent gave out to her (the Complainant). The Complainant stated that the incident in question related to her bringing her younger sister into the café after it was closed, so that she would not be waiting outside for the Complainant to finish up. According to the Complainant’s evidence, as a result of this incident, she was not offered any further hours of work by the Respondent.

The Complainant further stated that the normal notification of work hours was by way of a WhatsApp group, where staff had access to the work roster. According to the Complainant’s evidence she was not placed on the rota after 22 March 2017. The Complainant stated further that, as a result, she requested her P45 from the Respondent on 6 July 2017.

CA-00013397-007 – Minimum Notice & Terms of Employment Act, 1973,

The Complainant stated that she did not receive her statutory minimum notice on termination of her employment.

Summary of Respondent’s Case:

The Respondent did not attend the Hearing. However, a letter, dated 4 October 2017, was submitted to the WRC by the Respondent in response to the Complainant’s claims.

In this correspondence, the Respondent stated that the Complainant was employed since November 2015. It was further stated that the Complainant worked on a casual basis as she is a full-time student. According to the Respondent, the Complainant’s hours varied in relation to work that she made herself available for. It was further stated that work was offered to the Complainant, however, she chose not to accept the hours on offer as she is a full-time student.

According to this correspondence, the Complainant texted the Respondent looking for her P45. The Respondent submits that, therefore, the Complainant is not entitled to Statutory Notice she did not make herself available for work that was offered to her. It is further stated by the Respondent that the Complainant had not returned to the workplace since March 2017.

With regard to the issue of the contract of employment, the Respondent submitted that the Complainant did receive a contract and all other legislative documentation on commencement of employment.

Findings and Conclusions:

CA-00013397-002 – Payment of Wages Act, 1991 (Notice)

The Complainant’s claim made under this Act is similar to a claim under the Minimum Notice and Terms of Employment Act, 1973 (CA-00013397-007). Consequently, the Complainant’s claim for payment of notice is dealt with below under the 1973 Act and the claim under this Act is, therefore, dismissed.

CA-00013397-003 (Annual Leave) and CA-00013397-004 (Public Holidays)

At the Hearing, the Complainant submitted that she had recently received a cheque from the Respondent in the amount...

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