ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002910
Complaints for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003749-001 | 7th April 2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003749-002 | 7th April 2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003749-003 | 7th April 2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00003749-004 | 7th April 2016 |
Date of Adjudication Hearing: 26th August 2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 7th April 2016, the complainant referred complaints to the Workplace Relations Commission pursuant to the Payment of Wages Act, the Organisation of Working Time Act and the Unfair Dismissals Acts. The complainant worked as a part-time receptionist and the respondent was a GP surgery.
The complaints were scheduled for adjudication on the 26th August 2016. The complainant was in attendance and was accompanied by a former colleague. At the time the adjudication was scheduled to commence, there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication and waited some time to accommodate their late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977 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.
Attendance at the Hearing:
By | Complainant | Respondent |
Parties | A receptionist | A GP surgery |
Complainant’s Submission and Presentation:
The complainant outlined that her employment with the respondent commenced on the 1st September 2013 and came to an end on the 9th October 2015. She worked as a part-time receptionist. While she had been initially engaged as an intern, she had been left to work on her own, without mentorship. There had been ongoing problems with getting paid. While she was issued with pay slips, the pay stated as paid in the pay slips might not be remitted to her. The complainant outlined that the monies owed to her for June 2015 (€802.78) were only paid to her in August. She was never paid the monies owed to her for July 2015, this being €802.78. She was also not paid the remuneration owed to her for August 2015, also an amount of €802.78. She stated that she was owed €401 in wages for September 2015. She said that these amounts are all net amounts. The complainant also gave an account of her efforts to obtain payment of these amounts from the respondent.
The complainant said that she raised the respondent’s non-payment of wages on her own behalf and on behalf of her colleagues. A representative of the respondent became angry and informed the complainant on the 28th July 2015 that she was suspended with pay. This was during a week she was scheduled for annual leave. The complainant later returned to work until she tendered her resignation on the 9th October 2015. She outlined that she obtained alternative part-time employment on the 15th October 2015 and was paid €215 per week in this role. The complainant asserts that she was unfairly dismissed following the refusal of the respondent to pay her for the hours she had worked. She stated that she had no choice but to find another job, to ensure that she would be paid. The complainant said that there was annual leave owed to her at the end of her employment with the respondent. She was owed €375 in this regard. She acknowledged that no pay was due to her for public holidays.
Respondent’s Submission and Presentation:
The respondent did not attend the adjudication and also did not make any submissions.
Findings and reasoning:
The complainant worked for the respondent between the 1st September 2013 and the 9th October 2015. She worked as a receptionist in a GP surgery. She tendered her resignation because the respondent had ceased paying her wages. She seeks recovery of the unpaid wages as well as cesser pay owed to her for accrued annual leave. She asserts that she was forced to resign because of the respondent’s failure to pay her wages and claims unfair dismissal.
The complainant gave uncontradicted evidence that she was not paid wages due for July and August 2015 and for part of September. I find that the complainant is due €2,006.50, made up of two amounts of €802.75 and one amount of €401. These are net amounts. I also find that the complainant is entitled to recover €375 in annual leave due to her at the end of her employment. At the adjudication, the complainant acknowledged that there was no pay due to her for public holidays.
I find that the claim of unfair dismissal is well founded. The non-payment of wages to such extent amounts to a repudiatory breach on the part of the employer of the contract of the employment and following which, an employee is entitled to consider themselves dismissed. Taking account of the fact that the complainant succeeded in starting a new job after one week, I find that she is entitled to redress equivalent to four weeks’ remuneration, i.e. €802.75. Taking these amounts together, the total owed by the respondent to the complainant is €3,184.25.
For the sake of completeness, there is no issue regarding time for the complaints of unfair dismissal and the annual leave/public holiday claims. They are made within six months of the date of contravention. The Payment of Wages claims are outside this six-month period and I find that the complainant has demonstrated reasonable cause in the relatively short delay in pursuing the complaints and arising from her efforts to pursue the respondent for payment.
Decision:
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.
Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA-00003749-001
I find that the complaint made pursuant to the Payment of Wages Act is well founded and that the respondent shall pay to the complainant the amount of €2,006.50, this being wages July, August and September 2015.
CA-00003749-002
I find that the complaint made pursuant to the Organisation of Working Time Act relating to annual leave cesser pay is well founded and the respondent shall pay to the complainant the amount of €375.
CA-00003749-003
I find that the complaint made pursuant to the Organisation of Working Time Act relating to public holidays is not well founded.
CA-00003749-004
I find that the complaint made pursuant to the Unfair Dismissals Act is well founded and the respondent shall pay to the complainant the amount of €802.75 as redress for the unfair dismissal of the complainant from her employment with the respondent.
Dated: 22 November 2016