ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003148
Complaint(s)/Dispute(s) for Resolution:
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-00004563-001 | 19/05/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00004563-002 | 19/05/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00004563-003 | 19/05/2016 |
Date of Adjudication Hearing: 11/10/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the Acts stated above following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I was employed as a shop assistant in this shop from January of this year. This was my first job in Ireland. I did not have a PPS number at the beginning so the employer agreed to pay me €5 per hour for the first fifteen days, until I received a PPS. But actually I received €5 per hour for the first seven weeks as he did not give me a letter to bring to the PPS office until February. Even while receiving €5 per hour, my pay was inconsistent and I had to chase him for money. After I received the PPSN I was registered and was issued with payslips showing that I was in receipt of the Minimum Wage. In reality the payslips did not correspond with payments I received. I only received three payments since I became registered, but I received 8 payslips. The employer claims that I started employment on the 22nd of February, which is not true. This only corresponds to the date that I was registered. He paid me erratically and I always had to beg for my money. I received a P45 stating that my employment finished on the 15th of April, but I actually worked until the 29th of April. The figure that I am claiming is the total of all the hours I worked minus the payments that I received. |
I did not receive any holiday pay in this employment. In total I worked of 415 hours. At a rate of 8/%, I should be owed 33.2 hours in holiday pay, or €303.78. |
I was not given any extra remuneration for public holidays. During my period of employment, there were two public holidays. I should have received 7.2 hours pay for these, being 20% of my normal weekly hours, or €65.88 at minimum wage rates. |
Respondent’s Submission and Presentation:
The Respondent provided detailed evidence of pay records and completely denied the Complainant’s case.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act and the cited acts in the Complaints.
Issues for Decision:
Did breaches of the Organisation of Working Time Act, 1997 and the Payment of Wages Act, 1991 take place?
Legislation involved and requirements of legislation:
The Organisation of Working Time Act, 1997 and the Payment of Wages Act, 1991.
Decision:
The Complainant did not attend the hearing and I am satisfied that proper notification took place.
The written evidence from the Respondent was not contested and I took the view that it established that all due payments had been made and all entitlements given.
Accordingly all claims are dismissed under both Acts.
Dated: 2nd December 2016