Case Number: ADJ-00027553. Workplace Relations Commission

Docket NumberADJ-00027553
Hearing Date25 January 2021
Date17 June 2021
CourtWorkplace Relations Commission
RespondentA Hotel
ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00027553

Parties:

Complainant

Respondent

Anonymised Parties

Director of Sales

A Hotel

Representatives

James McEvoy, Employee Consultant

Ciaran Loughran, IBEC

Complaints:

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00035204-001

12/03/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00035204-002

12/03/2020

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

CA-00035204-003

12/03/2020

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

CA-00035204-004

12/03/2020

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

CA-00035204-005

12/03/2020

Date of Adjudication Hearing: 25/01/2021

Workplace Relations Commission Adjudication Officer: Marian Duffy

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 was employed by the respondent as Director of Sales on the 24th of September 2019 and he resigned from his employment on the 9th of January 2020. He received an annual salary of €60,000. He is claiming that he did not receive a contract of employment in accordance with the Terms of Employment (Information Act) 1994, that he did not receive Sunday premium pay and rest period and breaks in accordance with the Organisation of Working Time Act 1997 and he is claiming overtime payments under the Payment of Wages Act, 1991.

Summary of Complainant’s Case:

The Complainant said that he commenced employment with the Respondent on 24th September 2019, in the role of Director of Sales, reporting directly to the General Manger. He said he worked in a start-up situation. He is an experienced professional with over 30 years experience in Sales; he had no particular difficulties in executing his responsibilities, however a difficult relationship developed with the GM, there was no clear direction and there was an expectation to work excessive hour, without compensation and he resigned from the employment on the 9th January 2020.

The complainant said he was not provided with the core terms of employment and neither was he provided with a written statement of the main terms and conditions of employment as required by the legislation. He said during his employment he made several requests for his contract of employment, but he never received one.

The complainant said he regularly worked more than 40 hours per week. He said he worked more than 10 hours per day, but he only got paid for the 8 1/2 hours. He said that the Respondent was obliged to keep records of the starting and finishing time but did not do so. Initially there was a copy book to log in and out and then a clock in system was introduced. He said he used intermittently but he was not required to use it. He submitted photos to support his claim that he worked long hours on the 23rd October 2019 and from the 18th to the 20th of November 2019. He is seeking payment of overtime in respect of these hours. He is claiming 10 hours overtime per week for 15 weeks.

The complainant said that during his period of employment he worked five Sundays for which she received no premium pay or time in lieu. He said he was required to attend work on Sunday the 6th of October before the hotel opened and he was told by the general manager that he would get time in lieu. On The 17th of November he had to entertain clients, on the 1st December he had to fly to Newcastle on company business and on the 8th and 15th of December both Sundays he attended work and he did not get any premium pay for these days.

The Complainant is also claiming that he did not receive breaks periods in accordance with the Organisation of Working Time Act 1997.

Summary of Respondent’s Case:

The Complainant commenced employment with the Respondent hotel on 24 September, as a Director of Sales and received a yearly salary of €60,000. The claimant’s role was crucial for the start-up hotel and was one of the most senior roles. As part of the senior management team and the due nature of the role he had the autonomy to set his own start and finish times. The claimant reported to the General Manager and to the management company.

Claims under the Terms of Employment (Information) Act, 1994.

CA-00035204-001

The respondent denies the claim under the Terms of Employment (Information) Act, 1994 that the Complainant did not receive a written contract/statement of terms before or during the course of his employment.

Section 3(1) of the Act states that...

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