Case Number: ADJ-00010457. Workplace Relations Commission

• Docket Number: ADJ-00010457
• Hearing Date: 23 March 2018
• Date: 01 July 2018
• Court: Workplace Relations Commission
• Parties: A Bar Manager A Public House
• Respondent: A Public House

Correction Order issued pursuant to Section 39 of the Organisation of Working Time Act, 1977. This Correction Order should be read in conjunction with the Decision issued on 19th July, 2018.

Adjudication Reference: ADJ-00010457

Parties:

	Complainant	Respondent
Anonymised Parties	A Bar Manager	A Public House

Representatives John Doyle Dillon Eustace

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00013867-001	07/09/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00013867-002	07/09/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00013867-003	07/09/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00013867-004	07/09/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00013867-005	07/09/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00013867-006	07/09/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00013867-007	07/09/2017

Date of Adjudication Hearing: 23/03/2018

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967-2014following 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 was initially engaged in April 2008 by the Respondent as a consultant to run the Respondent’s Public House. In March 2010 the Complainant submitted that he became an employee and was appointed by the Respondent to manage the establishment. The Complainant maintains he was made redundant on 25th July 2017 while on sick leave when the establishment was shut down, and that he did not receive his redundancy entitlements. He was paid gross salary of €1,269.23 on a fortnightly basis.

The Complainant also submitted a number of complaints relating to his terms and conditions of employment.

Summary of Complainant’s Case:

CA-00013867-001 Complaint Under Section 6 of the Payment of Wages Act, 1991

The Complainant submitted that the Respondent has not paid him, and additionally the Complainant was paid less than the amount due to him. The Complainant maintained that he did not receive his pay on 5th June, the 26th June, the 10th July, and the 24th July 2017. He maintained he was due €2,110.76 net for each of these payments. He also maintained he was on sick leave during 2017 and he was entitled to €2,110.76 payment when on sick leave but he was not paid.

The Complainant submitted that on the week of 25th June 2017 he was instructed by the Respondent not to pay any creditors. He advised at this time he had taken his wages, but following the instructions he returned his wages. He therefore maintained he did not receive his fortnightly pay which was due to him on 25th June 2017.

CA-00013867-002 Complaint Under Section 6 of the Payment of Wages Act, 1991

The Complainant advised he did not receive the appropriate payment in lieu of notice of termination of his employment when the business ceased trading on 25th July 2017. He submitted that he was due €2,750 gross in lieu of notice due. This Complaint was also raised under CA-00013867-007 below.

CA-00013867-003/004 Complaint Under Section 27 of the Organisation of Working Time Act, 1997

The Complainant maintained he did not receive holiday/annual leave entitlements and that he has not been compensated for the loss of his annual leave entitlement upon leaving. He was not in a position to provide specific details of the leave he was not granted, and upon cross examination at the hearing the Complainant acknowledged that he would have taken annual leave during 2017.

CA-00013867-005 Complaint Under Section 7 of the Terms of Employment (Information) Act, 199 The Complainant maintained that he did not receive his terms and of employment in writing.

The Complainant submitted that when he first started with the Respondent he was initially...