ADJUDICATION OFFICER DECISION

Adjudication Decision Reference:

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 31/08/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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).

Dispute

The claimant alleges that the respondent paid her less than the wages due to her.

Background

The claimant is employed as a Resource Teacher. Her salary is €26296, 92 per annum. She is paid by credit transfer into her account. The claimant’s average weekly wage is €505.71 per week. It was submitted that the claimant was on sick leave in 2015 where she was paid sick pay in accordance with the respondent's sick pay policy. The claimant was removed from the pay roll on the 30th November 2015 as she exhausted her entitlement to sick pay. She returned to work on the 30th November and then she took annual leave from the 7th December up to and including Christmas Day. It was submitted on behalf of the claimant that she was not put back on the payroll until January 2016 and therefore was not paid her wages. This placed the claimant in a difficult situation over the Christmas period with no wages to pay her commitments. The claimant is seeking compensation.

The respondent stated that it was necessary for the claimant’s line manager to reinstate the claimant back on the payroll. It was submitted that at the time the claimant returned to work her line Manager was out on sick leave and that the assistant manager appointed to replace her was absent from work due to a bereavement in the family. Due to an administrative oversight the claimant was not reinstated on the payroll until January 2016.

Findings

Both parties made extensive written and verbal submissions at the hearing.

I find that the facts are not in dispute between the parties. I find the claimant returned to work on the 30th November after being out on sick leave. I find that the claimant had been removed from the payroll having exhausted all of her sick pay entitlements. I find that due to a sequence of events that claimant was not put back on the payroll. I accept that” Murphy’s law” applies however part of any employer’s remit is to ensure that employees get their wages. I find that the claimant being left with no wages for the month of December as unacceptable.

However I find the claimant did receive all wages due to her in her January pay. I find there was no shortfall in the wages that were due to her.

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.

I find the complaint is not well founded and falls.

Dated:          16/11/2016