ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001727

Complaint(s)/Dispute(s) 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-00002282-001	31/01/2016

Date of Adjudication Hearing: 27/04/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act, 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).

Complainant’s Submission and Presentation:

My employment with the recruitment agency has commenced on 29.10.14. During my interview with the agency I have been told that my gross hourly rate of pay (11.50)includes: Sunday premium and shift allowance. All temporary agency workers must be treated in the same way as regular workers from their first day at work. I am aware that from Sunday 28th of June 2015 all of the regular workers received 10.50% pay increase. However; the wrokers employed through agency did not recieve the pay increase. The 10.50% pay increase has been applied to my wages from Sunday the 8th of November 2015. This makes 19 weeks in total being paid without pay increase.During that period of time I have earned 11824,13 euro. Its 1241,53euro less then after pay incress. 11824,13 euro x 10.50% = 1241,53 euro Nowadays I am employed directly in a particular company (details supplied) from 1st of December 2015. I have not recieved my p45 from agency ye, I m still registrered with agency.

The complainant is an agency worker and states that he was entitled to a wage increase from the 28^th of June 2015 in line with an increase (10.5%) given by the hirer to its direct driver employees. The increase was implemented from 8^th of November 2015. This amounts to a deduction under this Act.

Respondent’s Submission and Presentation:

The respondent submits that has at all times paid the respondent his wages in accordance with the contractual rate. It has never made an illegal deduction and therefore it is not properly before me.

Decision:

The cognisable period of complaint in this case is from the 1^st of August 2015 to 31^st of January 2016. I accept that the complaint under this enactment is misconceived and I find therefore that it is not well founded.

Dated: 28 October 2016