ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001292

Complaints for Resolution:

Date of Adjudication Hearing: 09/06/2016

At:                          Workplace Relations Commission, Dublin 4.

                                  Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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 has been employed with the Respondent from 16^th September 2015 until the employment terminated on 16^th December 2015. The Complainant was paid €10.75 an hour and he had a Part-Time Contract of Employment working on average 25 hours a week. The Complainant was provided with a Written Statement of his Terms and Conditions of Employment including the Company Handbook.

The Complainant referred a complaint to the Workplace Relations Commission on 3^rd January 2016 alleging his Employer had breached Section 5 of the Payment of Wages Act, 1991 and Section 19 and 23 of the Organisation of Working Time Act, 1997.

Summary of Complainant’s Position.

Payment of Wages Act: The Complainant stated that in his wages he had been deducted for Training, Security Licence and his Uniform. He stated this was in breach of Section 5 of the Act. He is claiming payment of €528.54

Organisation of Working Time Act: The Complainant stated that he had not been given his annual leave entitlements on termination of the employment. The Complainant stated that he had worked a total of 372 hours during the course of the employment.

Summary of Respondent’s Position.

The Respondent stated that they had paid €540.00 for 6 days training for the Complainant and they had paid €190.00 on behalf of the Complainant to obtain his Licence from the Private Security Authority. The Respondent also provided a copy of the Contract of Employment and the Employee Handbook to the Hearing.

Findings

Payment of Wages Act, 1991 – 2015.

On the basis of the evidence from both Parties I find as follows:

1. The Complainant and the Respondent both confirmed at the Hearing that the Respondent did provide 6 days Training for the Complainant and again both Parties confirmed that the Respondent did pay the Private Security Authority to enable the Complainant to obtain his Security Card.

2.  I have examined in detail the Contract of Employment signed b y both Parties on 16th September 2015 and the only reference to Training and a Licence is at Section 3 of the Contract which states as follows: “ All employees must hold a QQ1 Level 4 minor module D.S.P./Manned Guard Licence (Static Guard).”
3. I have examined in detail the Employee Handbook and the only reference to either Training or a License is under the Heading "Security Industry Approved Licence”.
4. There is no reference to a Uniform in either the Contract of Employment or the Employee Handbook except that the Employee is required to wear the Uniform while at work.
5. There is no reference in either the Contract or the Handbook authorizing the Employer to make deductions where the Respondent pays for Training, A Licence or in the Provision of a Uniform.
6. I note from the Payslips that the Respondent made the following total deductions from the Complainant's wages - €540.00 for Training -€62.66 for a Uniform and €190.00 in respect of a Licence.

Organisation of Working Time Act, 1997 – 2015.

Both Parties confirmed at the Hearing that the Complainant had not been given any annual leave during the course of his employment nor had he been paid his annual leave entitlements in accordance with Section 23 of the Act on termination of the employment.

Decision

Payment of Wages Act, 1991 – 2015

Section 5 of the Act provides that an Employer shall not make a deduction from the wages of an employee unless –

1. The deduction is required or authorised to be made by virtue of any statute or any instrument made under statute.

2. The deduction is required or authorised to be made by virtue of a term of an employee’s contract of employment included in the contract before, and in force, at the time of the deduction, or

3. In the case of a deduction the employee has given his prior consent in writing to it.

There was no evidence advanced by the Respondent that the deductions for Training, Licence and Uniform were authorised to be made either by statute or by the Complainant’s Contract of Employment.

In accordance with Section 6 of the Act, I declare the complaint is well founded. The Respondent has made an unlawful deduction of €540.00 for Training – €62.66 in respect of a uniform and €190.00 in respect of a Licence. I direct the Respondent to pay the Complainant the sum of €792.66 within 42 days of the date of this Decision.

Organisation of Working Time Act, 1997 – 2015.

The Complainant worked a total of 372 hours during the course of his employment with the Respondent x 8% = 29.76 x €10.75 an hour = €319.92

In accordance with Section 27 of the Act I declare the complaint is well founded. I direct the Respondent to pay the Complaint the sum of €319.92 in respect of annual leave due and not paid on termination of the employment. This to be paid to the Complainant within 42 days of the date of this Decision.

I also direct the Respondent to pay the Complainant compensation of €100.00 for breach of the Act. For the avoidance of doubt this amount of compensation is not in the nature of remuneration and should not be treated as such for the purposes of tax or other deductions. This to be paid to the Complainant within 42 days of the date of this Decision.

Date: 22^nd August 2016