ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002153

1.     Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 05/05/2016

Workplace Relations Commission Adjudication Officer: Gerry Rooney

2. Procedure:

2.1 This claim refers to a Warehouse Worker (the Complainant) who contends that he was underpaid by his employer, a Wholesale Distributor (the Respondent), and that he did not receive his holiday entitlements.

2.2 In accordance with Section 41(4) of the Workplace Relations Act, 2015 Section 6 of the Payment of Wages Act 1991 and Section 27 of the Organisation of Working Time Act 1997, 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.

4. Complainant’s Submission and Presentation:

4.1 The Complainant commenced work with the Respondent on 23^rd September 2015. His commencement pay was the minimum wage (€8.65).

4.2 On 17^th February 2016 the Complainant received notification of a lay off due to trading difficulties of the Respondent’s business. The Complainant remains on lay-off and has not received notification of his termination of this employment.

4.3 This Complainant contends that the Respondent, contrary to Section 5 of the Payment Of Wages Act, 1991 deducted payments from his salary. The claimant presented copies of his payslips and contends that deductions were made from his pay in January and February 2016 as which amounted to a total of €2103.94 of underpayment follows:

                                  i.   In January2016 he was deducted €943.97(net) less than he should have received, and

                               ii.   In February 2016 he was deducted €1,159.97 (net) less than he should have received which included a PRSI and USC rebate of €235.73.

4.4 The claimant also contended that he was not pad his holiday entitlements contrary to Section 19 if the Organisation of Working Time Act, 1997 where he contended that he did not receive any holiday entitlements which, having worked 881 hours, amounted to 70 hours (44.5 hours in 2015, and 22.5 hours in 2016). As he has not received any holidays he is seeking his holiday pay entitlements which amounts to a total entitlement of €618.26 based on the minimum wage as follows:

                                   i.    44.5 hours in 2015 at €8.56 per hour, totalling €384.93; and

                                  ii.    25.5 hours in 2016 at €9.15 per hour, totalling €233.33.

5. Respondent’s Submission and Presentation:

5.1 The respondent did not make a written submission and failed to attend the hearing.

6. Decision:

6.1 Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

6.2 Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to contraventions of Section 5 of that Act

 6.3 Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to contraventions of Sections 19 and 20 of that Act.

6.4 Decision Under the Payment of Wages Act:

                     i.                 Based on the evidence presented at the hearing I uphold that the Complainant’s case under the Payment of Wages Act 1991 is well founded where I find that, contrary to section 5 of the Act, the Respondent has made unlawful deductions from the wages of the claimant to the total net amount of €2,103.94. As such, in accordance with Section 6 of the Act, I direct that the Respondent pay to the Complainant the net amount of wages due which is €2,103.94.

6.5 Decision Under the Organisation of Working Time Act:

                     i.                 I find that in accordance with Section 19 of the Organisation Working Time Act, 1997 that the claimant is entitled 70 hours of annual leave.

                   ii.                 In accordance with Section 27 of the Act I find this complaint is well founded and require the Respondent to pay the Complainant his annual leave entitlement which amounts to of €618.26 gross.

Dated: 16^th August 2016