ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000168

Complaint for resolution:

Date of Adjudication Hearing: 07/01/2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 15^th October 2015, the complainant referred a complaint in relation to his employment with the respondent. He raises the issues of pay, holiday pay and notification of lay-off. The complaint was referred to adjudication on the 7^th January 2016. In accordance with Section 41(4) of the Workplace Relations Act, 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. The complainant attended in person and a director attended on behalf of the respondent company.

Complainant’s Submission and Presentation:

The complainant outlined that he commenced working with the respondent on the 27^th May 2015 and this came to an end on the 31^st July 2015. He is a plumber and was engaged by the respondent to work on a building site, in this case a hotel. The complaint form indicates that his gross weekly pay was €750 and he said that he received about €600 net. His wages were paid in cash and while the respondent's accountant had told him that he could have any pay slip, he was only supplied with a number of pay slips.

The complainant outlined that he had been out of work between January and May 2015, so that he was entitled to his full tax credits for the 2015 tax year. When he was paid in June 2015, he ought to have received €1,600 but only received €1,100. The respondent to the complainant that he would be paid the difference in the weeks that followed. While some payments had been made since then, the complainant reckoned that he was owed €400 or €500 by the respondent.

In respect of holiday pay, the complainant outlined that he had not taken any annual leave during his period of employment with the respondent. He had built up an entitlement to annual leave pursuant to his contract of employment.

The complainant said that his employment ended when the respondent director informed him that there would be no work when the job at the hotel ended. The respondent did not provide a letter saying the complainant was on lay off, preventing the complainant from availing of social welfare. There was also a delay in receiving his P45. The parties met for the complainant to collect his P45 and at this meeting, the complainant raised the outstanding pay owed and his holiday pay. He said that the respondent director replied that he would be paid when payment came through for the job.

Respondent’s Submission and Presentation:

The director of the respondent company attended the adjudication. He confirmed the identity of the respondent and that it was a limited company. In relation to the complainant's pay in June 2015, the director said that he had been informed by his accountant that the complainant was due €1,800. The director said that he could not meet this in full and would pay off the amount due in the following weeks. As far as he was aware, this had been paid off in full and had sought to confirm this with this accountant. He had not been able to obtain this confirmation in time for this hearing, and offered to supply this at a later date. I, exceptionally, offered the respondent director the opportunity to submit any additional documentation after the adjudication. In an email of the 14^th January 2016, the director stated “Further to our meeting last week we have been advised by our accountants [name] that [the complainant's] employment started on 27/04/2015 and ended on 31/07/2015. They have further advised us that all amounts due to him were paid and that he was issued a P45 on completion of his employment.”

In respect of annual leave, the director said that the complainant had only worked for him for a short time. In respect of lay off, the director said that it was his practice to communicate this orally to employees and not to provide written confirmation of lay off.

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.

Findings and reasoning:

While I am grateful for the follow-up correspondence from the respondent, I do not believe that, on a balance of probabilities, it proves the remuneration due to the complainant was paid in full. I, therefore, find as fact that the complainant is due €400 in pay, as per his contract of employment. The complainant is also entitled to three days’ remuneration for annual leave for the period of time he worked for the respondent, as per his contract of employment. This amounts to an entitlement of €320. The sum of these two amounts is €720.

Decision:

The respondent shall pay to the complainant the total amount of €720, this amount being unpaid remuneration and pay for annual leave, as per the complainant’s contract of employment.

Dated:   3^rd March 2016