ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002944

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

Date of Adjudication Hearing: 08/08/2016

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).

Background

The claimant is employed by the respondent on a full-time basis since 18^th January 2010. She works as a cleaner and is paid €9 per hour, with overtime and Sunday premium paid as per the Registered Employment Agreement in place for the Contract Cleaning Industry. It was submitted on the claimant’s behalf that a discrepancy exists between the actual hours she works and the hours she has been paid for, insofar as she is owed arrears of pay which fall outside the scope of the Payment of Wages Act, she submits that these arrears should be considered as a Trade Dispute. The claimant is currently raising further issues under the respondent's Grievance and/or Bullying & Harassment procedures which she submits should all be considered as part of her Trade Dispute. These matters are however being considered by the respondent at present. The claimant is seeking a sum of €3445.37.

The respondent accepted that errors had taken place and following a full review they submitted that the amount of €2826.97 was due to the claimant. They further stated that the sum of €1094.54 gross (€721.78 net) has already been paid to the claimant. It was also submitted that the claimant did not make them aware of any additional amounts of wages that were due to her.

In relation to the claimant’s allegation of bullying and harassment the respondent submitted that this had been investigated and while action was taken these were isolated incidents and not deemed as bullying and harassment. It was stated that the relationship between the claimant and the new supervisor was working very well.

Findings

The Payment of Wages complaint was withdrawn at the hearing.

Based on the evidence as submitted I find that the complaint of Bullying and Harassment has not been substantiated. I find that while the claimant has submitted figures in relation to her claim I find the respondent was not made aware of any additional sums the claimant was claiming.

I find that based on the evidence the amount of €2826.97 was due to the claimant and she has been paid the sum of €1094.54 leaving a balance of €1732.42 gross

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 claimant should be paid the sum of €1732.42 gross in full and final settlement of her complaint.

Dated: 26/10/2016