ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003491
Complaints 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-00005145-001 | 10/06/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00005145-003 | 10/06/2016 |
Venue: WRC; Tom Johnson House, Haddington Rd, Dublin 4.
Date of Adjudication Hearing: 18/08/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015, under section 6 of the Payment of Wages Act, 1991 and under section 27 of the Organisation of Working Time Act, 1997 and 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.
Background
The Complainant was employed as a Bar Tender from 16th April 2016 to 15th May 2016. She was paid €10.00 per hours. Her hours of work varied. She has claimed that she is owed wages and holiday pay.
1) Payment of Wages Act CA-00005145-001
Complainant’s Submission and Presentation:
The Complainant stated that she is owed €344.80 net due on 8th May 2016, payslip supplied. The Respondent wrote to her stating that he would not pay her until she signed a contract of employment. She was unwilling to sign the contract due to concerns about potential deductions from wages. She also has claimed for unpaid hours of work (details supplied) of 5 hours X €10.00 = €50.00 equivalent to €37.50 net based on payslips provided. Total amount claimed is €382.30. |
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Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented at the hearing.
Findings
I note that the Respondent did not attend and was not represented. Based on uncontested evidence I find as follows:
Wages
I accept the Complainant’s evidence that she is owed €344.80 net due on 8th May 2016. I also accept that she is owed 5 hours pay as claimed amounting to €37.50 net.
I find that she is owed a total of €382.30 net.
Sec 6(2) of this Act states, “the commissioner shall order the employer to pay to the employee compensation of such an amount … not exceeding (a) the net amount of wages”
Decision: Payment of Wages Act CA-00005145-001
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, under section 6 of the Payment of Wages Act, 1991.
I have decided that the Respondent has contravened Sec 5 of this Act.
As per Sec 6 (2) I have decided that the claim is well founded and I order the Respondent to pay the Complainant €382.30 net within six weeks of the date below.
2) Organisation of Working Time Act CA-00005145-003
Complainant’s Submission and Presentation:
Holiday pay
At the end of the employment she stated that she did not receive any payment for holidays. She worked a total of 101.50 hours, details supplied. She has claimed 8 % amounting to 8.12 hours X €10.00 per hour = €81.20 pay.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented at the hearing.
Findings
I note that the Respondent did not attend and was not represented. Based on uncontested evidence I find as follows:
I find that the Complainant is owed holiday pay as claimed amounting to €81.20.
I also find that she is owed compensation for breach of her rights under this Act.
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 and under section 27 of the Organisation of Working Time Act, 1997
As per Sec 27 (3) (a) I have decided that the complaint was well founded.
As per Sec 27 (3) (c) I require the Respondent to pay the Complainant €81.20 for the economic loss and in addition I require the Respondent to pay €100.00 (one hundred) compensation for breach of her rights under this Act.
This is to be paid within six weeks of the date below.
Dated: 10-11-2016