ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003388

Complaint for Resolution:

Venue: Ashdown Park Hotel, Gorey, Co Wexford

Date of Adjudication Hearing: 28/11/2016

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. 

Background

The Complainant was employed as a Barman from 16^th June 2014 to 9^th April 2016. He was paid €10.25 per hour and his hours of work varied depending on the seasons. He has claimed that he is owed wages and holiday pay.

Complainant’s Submission and Presentation:

The Complainant stated that he was owed wages a follows:-

1) 24 hours unpaid for 28/ 3 to 3 / 4 2016

2) 5 hours unpaid for 9/4

3) €123.00 cheque which was returned

4) Holiday pay

He received no holidays or holiday pay for 1^st June 2014 to 31^st December 2014, 1^st January to 31^st December 2015, 1^st January to 9^th April 2016.

5) He is also seeking his P45.

Respondent’s Submission and Presentation:

The Respondent stated that

1) 24 hours unpaid for 28/ 3 to 3 / 4 2016 – they have no records of this money being owed.

2) 5 hours unpaid for 9/4 – they have no records of this money being owed.

3) €123.00 cheque which was returned - They accept that this money is owed.

4) Holiday pay

They stated that for 2015 117.4 hours holidays were due amounting to €1,203.35 less €250.00 paid, leaving a balance of €953.35. For 2016 10.6 hours holiday is owed amounting to €108.65. Total holiday pay owed €844.70.

5) P45

The P45 was issued at the hearing.

Finding

1) 24 hours unpaid for 28/ 3 to 3 / 4 2016

I find that the Respondent had no records to refute this complaint and so in the absence of evidence I must find that this money is owed amounting to 24 X €10.25 = €246.00

2) 5 hours unpaid for 9/4

I find that the Respondent had no records to refute this complaint and so in the absence of evidence I must find that this money is owed amounting to 5 X €10.25 = €51.25.

3) €123.00 cheque which was returned

I note that it is accepted that this amount is owed. I find that the Respondent owes the Complainant €123.00.

4) Holiday pay

a) 1^th June 2014 to 31^st December 2014; I find that this part of the complaint is outside the time limit allowed under this Act.

b) 1^st January to 31^st December 2015,

Based on the P 60 issued I find that the Complainant earned €14,567 which is equivalent to 1,421 hours of work X 8 % holiday hours = 113.7 X €10.25 = €1,165 holiday pay.

c) 1st January to 9^th April 2016.

I note the employer’s records handed in at the end of the hearing stated that he accrued 10.6 holiday hours. This was the off season.

Therefore I find that he is owed 10.6 X €10.25 =€108.65.

I find that he is owed a total of €1,693.90 less €250.00 = €1,443.90.

5) P45.

I note that he was issued with his P 45 at the hearing.

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.

I have decided that the Respondent has made an illegal deduction from the Complainant’s wages.

I order the Respondent t to pay the Complainant €1,443.90 within six weeks of the date below.

Dated:   12^th December 2016