ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001884

Complaint for Resolution:

Date of Adjudication Hearing: 03/05/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991, following the referral of the complaint 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 complaint.

Complainant’s Submission and Presentation:

The Complainant was working as a Supervising Manager in a sports store when he was recommended for another position as Assistant Manager at the respondent‘s sports store. Evidence was submitted at the hearing on the discussions surrounding the agreement of an employment contract between the parties on 25 November, 2015. The complainant agreed to commence a 40 hour working week on 4 January, 2016 on €1153.85 per fortnight.

The complainant left his previous employment at Christmas time in preparation for this role. His position was replaced.

The complainant attended for work on 4 January 2016 to find that the job was not what it had been represented as and he was left to his own devices. He was furnished with a targeted income of 7,000 euro per week for the store, which was to factor in his own salary. This had not been addressed in the discussions surrounding the contract agreement.

He worked at the store for 6 days, engaged in the normal business of the store and established contacts with brand representatives. The complainant was dissatisfied with the position and he indicated that he was going to leave the employment on 11 January, by furnishing the respondent a written notice.

The respondent accepted the letter but refused to pay the complainant for his hours worked. Instead, he said he would have to consult his Solicitor. The complainant contended that he was owed the sum of €562.47 in unpaid wages. He had furnished the required bank details to the respondent.

Respondent’s Submission and Presentation:

Non   Appearance.

Legislation involved and requirements of legislation:

Section 1 of the Payment of Wages Act, 1991 outlines that a contract of employment means:

1. A contract of service.

Whether the contract is express or implied and if express, whether it is in oral or writing.

Section 5 (1) of the Act outlines 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 in the employee’s contract of employment included in the contract before, and in force at the time of, the deduction or payment

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

    

   Section 5(6) of the Act outlines that:

1. “The total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion( after making any deductions therefrom that fall to be made and are in accordance with this Act or

2. None of the wages that are properly payable to an employee by an employer on any occasion ( after making any such deductions as aforesaid) are paid to the employee

Then, except in so far as the deficiency or non payment is attributable to an error of computation, the amount of the deficiency or non payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. “

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. Section 6 of the Payment of Wages Act covers complaints by employees in relation to contraventions of section 5 by their employers.

The complainant presented a copy of the contract of employment signed on 25 November 2015 to the hearing. This document, signed by both parties reaffirmed the details of the complainant’s oral submission. In particular, under the heading of Remuneration:

I was unable to obtain a response to the claim from the respondent, due to his non attendance.

I am satisfied , based on the uncontested evidence of the complainant, that he was entitled to receive the value of 6 days pay on 15 January 2016 .This has been verified as €562.47 nett value .

On that basis, I find that the complaint is well founded and I order the respondent to pay this sum to the complainant in compensation for the breach of Section 5 of the Act.

Patsy Doyle, Adjudication Officer.

Dated:   8^th August 2016