ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004245

Complaints for Resolution:

Date of Adjudication Hearing: 12/01/2017

Parties: Vehicle Recovery Operator v Vehicle Recovery

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

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

The Complainant was employed from 23^rd February 2015 until the employment terminated on 15^th February 2016. The Complainant was paid €12.50 an hour and also paid a Sunday Premium. The Complainant referred a complaint to the Workplace Relations Commission on 22^nd July 2016 alleging the Respondent had breached the Payment of Wages Act 1991 and the Organisation of Working Time Act, 1997.

Background

Summary of Complainant's Position.

Organisation of Working Time Act, 1997. The Complainant stated that he was not paid a Sunday Premium. He also alleged that he had not been paid his annual leave entitlements on termination of the employment.

Payment of Wages Act, 1991. The Complainant stated that the Respondent had made an unlawful deduction from his wages on an unspecified date and also alleged that the Respondent had paid him less than wages due on an unspecified date.

Summary of Respondent’s Position.

Organisation of Working Time Act, 1997. Sunday Premium. The Respondent stated that the Complainant worked from 23^rd January 2016 to 15^th February 2016 in the reference period covered by this complaint and according to his Contract of Employment – provided – he was paid an additional 10% on top of his basic pay of €12.50 an hour. Payslips were provided.

Annual Leave. The Company Leave Year runs from 1^st July to 30^th June. The Complainant was paid €987.50 accrued annual leave. Payslip provided.

Payment of Wages Act, 1991. The reference period covered by these complaints is from 23^rd January 2016 to 15^th February 2016. The Complainant has not specified any unlawful deductions.

The Respondent also informed the Hearing that the Complainant had lodged further complaints in March 2016 and these are to be adjudicated on under ADJ 2781.

Findings

On the basis of the evidence and a written submission from the Respondent I find as follows:

Payment of Wages Act, 1991.

These two complaints were submitted to the Workplace Relations Commission on 22nd July 2016. Therefore in accordance with Section 41 (6) of the Workplace Relations Act, 2015 the period covered by this complaint is from 23^rd January 2016 to 15^th February 2016 when the employment terminated.

The Complainant was unable to specify at the Hearing when the Respondent had made an unlawful deduction from his wages or when the Complainant had not been paid his wages within this reference period.

I find the Complainant did not substantiate his complaints at the Hearing.

Organisation of Working Time Act, 1997.

Section 14. This Section of the Act provides that where an employee is required to work on a Sunday and this has not been taken into account in the Contract of Employment then an employee is entitled to be paid a Sunday Premium. Both Parties confirmed at the Hearing that the Complainant was paid €12.50 an hour and he was paid a Premium of 10% when he was required to work on a Sunday.

The Respondent provided payslips and rosters to the Hearing which shows that when the Complainant worked on a Sunday he was paid 10% in addition to basic pay.

Section 19.

Sextion 23 of the OWTA, 1977 provides that on termination of the employment an employee is entitled to be paid accrued annual leave. The payslip provided to the Hearing by the Respondent dated 26/2/2016 shows that the Complainant was paid 79 hours annual leave on termination of the employment.

Decisions

Payment of Wages Act, 1991 CA-00006107-002 -003.

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 and in view of my findings above I declare this complaint is not well founded. The Complainant did not provide any evidence to the Hearing in relation to any unlawful deduction from his wages in the reference period from 23^rd January 2016 to 15^th February 2016.

Organisation of Working Time Act, 1997 CA-00006107-001-004

In accordance with Section 41(5) of the Workplace Relations Act, 2015 and in view of my findings above I declare these complaints are not well founded.

Rosaleen Glackin

Adjudication Officer

Date: 24^th April 2017