ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003229

Complaint for Resolution:

Date of Adjudication Hearing: 17th August 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 4^th May 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 17^th August 2016. The complainant was a manager and the respondent was a delicatessen.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent, a limited company, was issued with notice of the hearing at the company’s registered office. I waited some time to accommodate a late arrival. Having taken these two steps, I proceeded with the adjudication in the absence of the respondent.

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.

Attendance at the Hearing:

Complainant’s Submission and Presentation:

The complainant outlined that she worked as a manager in the respondent business, a delicatessen. Her employment commenced on the 21^st September 2015 and came to an end of the 9^th March 2016. She outlined that the business had closed over Christmas and there had been delays in reopening the store in the New Year. The respondent ceased paying the complainant and other colleagues in February 2016 and the complainant resigned after a number of weeks.

While the complainant outlined that she received a contract of employment, she never received pay slips from the respondent. She was paid irregularly but she kept a spreadsheet of the hours she worked and the monies she was paid. Her pay was €12 per hour. The complainant said that she had handed the respondent a copy of her P45 from her last employer at the commencement of her employment. She was told that this had been forwarded to the respondent’s accountant. She had not received a P45 since the end of this employment.

The complainant outlined that she was owed €1,740 in pay for February 2016. The complainant also outlined that she was due holiday pay as she had received no paid annual leave. She said that her typical day of work started at 7am and finished at 6pm.

Respondent’s Submission and Presentation:

The respondent did not attend the adjudication and did not make submissions.

Findings and reasoning:

According to the evidence, the complainant did not receive pay for the hours she worked in February 2016. She is due €1,740 in redress for unpaid remuneration.

The complainant is entitled to holiday pay. Pro rata, the complainant is entitled to nine days of annual leave. Her daily rate of pay was €144. The nine days of annual leave amount to €1,296.

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.

CA-00004213-001

I find that the complaint pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant €3,036, this being redress of €1,740 for unpaid wages and €1,296 for annual leave pay due to the complainant.

Dated:   7 November 2016