ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001693
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-00002322-002 | 02/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00002322-003 | 02/02/2016 |
Date of Adjudication Hearing: 20/04/2016
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 have started work on 23/11/2015, however I was on trial period. When I started work my boss asked what wages would I expect and I said a minimum of 10 euro per hour and I would like to be paid into my bank account. I expected not to be paid during my trial but as days went by I asked my employer for wages. I have been told that there was an issue with my tax code and their accountant is solving it. After another two weeks I've been told that the accountant fell ill and will sort it out when she comes back to work. In a mean time I was unable to come to work as I had no money to even cover my petrol bill and after talking to my boss I received cash advance on my wages. In December I have been promised wages and a bank transfer has been made to my bank account, I have been told I would receive 600 euro wages for a week and regular wages coming into my account thereafter. The transfer was made to my account on 17th of December however instead of 600 I received 4 euro ( yes I do mean four). I have told my employer that if I don't receive my due wages before Christmas I would get a legal help to get my due wages. I also refused to work until wages would be paid. The Respondent came to see me personally and gave me 600 euro cash advance on wages, he assured me that his accountant had a very stressful time and made a simple mistake during money transfer. During the next few weeks at work I received a few of cash advances on wages with promises that the balance will be paid to me as soon as their accountant gets all the necessary documents from the revenue. The total amount of cash I received is as follows: € 50 (4/12/15), € 200 (11/12/15), €600 (23/12/15), €100 (9/01/16), €100 (20/01/16), €50 (23/01/16) and €200 (26/01/16). It amounts to €1300 for about 9 weeks of work at 40-45 hours of work a week ( it would be 45, but I assume that breaks may be unpaid). I have been unable to pay my basic bills and in mid January my landlords informed me that if my late rent are not paid in full within two weeks I will have to vacate the property. I went to my boss explaining situation and trying to solve wages problems. On 23/1/16 he gave me €200, I have told him that if I don't get proper bank transfer with my wages for previous week on Friday I will not be coming to work again. Needless to say wages did not come on Friday, I went to work in the morning and by noon it was clear he has no intention on paying me nor is he afraid of being prosecuted. I left work on Friday and told my boss I will not come back until I am paid, but I have not heard from him since. I am afraid coming to you is the last resort I have in getting the pay for work I have done. I made another complain about lack of contract of employment, due to this I cannot provide you with specific amounts of money I should have received as I do not know my hourly wages. I have been told it will be a minimum of 10 euro per hours, possibly more, which was to be confirmed after a talk with the accountant. Because of that I left the spaces above empty. |
I have started work on 23/11/16 and I have never received terms of employment from my employer, even though I asked for a contract of employment on multiple occasions. |
At the Hearing, the Complainant presented documentary evidence which he recently received from the Respondent's account. This included eight payslips covering the period 27 November 2015 to 27 January 2016. These payslips suggest that the Complainant received €2,746.02 in net salary during that period.
However, the Complainant stated that these payments were never received by him. In support of his position the Complainant presented three statements of his bank account covering the period in question. Other than an entry on 17 December 2015 for €4.00 there is no evidence of any other payments into the Complainant's account from the Respondent.
The Complainant informed the Hearing that he received three cash payments from the Respondent during the month of January 2016 totalling €350. The Complainant further stated that during the month of January 2016 he worked a total of 122 hours, which, at the agreed hourly rate of €10 per hour, he contends entitled him to a gross salary for the period of €1220.00. Therefore, taking into account the €350 received in cash, the Complainant contends that he is owed €870.00 in unpaid wages.
Respondent’s Submission and Presentation:
The Respondent did not attend at the Hearing or make any submission/representation.
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.
Issues for Decision:
The issue for decision was whether the Complainant was owed outstanding wages. There was also a claim that the Complainant had not received a Contract of Employment or Terms and Conditions of Employment.
Legislation involved and requirements of legislation:
The legislation involved here is (1) Payment of Wages Act, 1991 and (2) Terms of Employment (Information) Act, 1994.
Decision:
Having carefully considered all of the evidence adduced, I am satisfied that, based on the uncontested evidence of the Complainant, he is owed €870.00 in unpaid wages and I find in his favour for that amount.
In relation to the Complainant's claim under the Terms of Employment (Information) Act, 1994, I am satisfied that, again, based on his uncontested evidence, he neither received a contract of employment or terms and conditions of employment. It would also appear from the evidence presented at the Hearing that the Complainant's employment with the Respondent was handled in a most unprofessional manner.
Consequently, taking all of the above into consideration, I find, in line with Section 7(20)(d) of the Terms of Employment (Information) Act, 1994, that having regard to all the circumstances, it is just and equitable that a compensation payment is made in this case. In this regard, I order that a payment of €500.00 be made to the Complainant.
Dated: 12th July 2016