ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004341
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-00006224-001 | 02/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006224-002 | 02/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006224-003 | 02/08/2016 |
Date of Adjudication Hearing: 24/01/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 6 of the Payment of Wages Act, 1991 and or Section 27 of the Organisation of Working Time Act, 1997 and or section 7 of the Terms of Employment (Information) Act, 1994 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:
I have not received payment in respect of annual leave/public holiday entitlements/ hours worked from 07/03/2016 to 13/06/2016. I last contact my employer dated 4th July 2016, I requested that they forward wages due to me, it has been 3 weeks since I have contacted them and I have yet to receive a response. According to my calculations I am entitled to a total of 15 hours pay, 4 for week 26 and 11 on 13th June 2016, at €9.15 per hour, total €137.25. I am also 4.5 days annual leave. I worked for one day on 13th June 2016 at another Respondent premises , Dublin 2 for 11 hours and was not paid for this day. |
I also understand that under the Organisation of Working Time Act, 1997 I am entitled to payment for my public holiday entitlement. My outstanding entitlement amounts to 4 days public holiday entitlements for working on 17, 28 March, 2 May and 6 June. I did not receive any extra days pay or paid holiday for working the above. |
I worked for Respondent from 07/03/2016 to 13/06/2016 and did not receive any contract or written terms of employment during this time. |
Respondent’s Submission and Presentation:
The Respondent did not attend and offered no submissions.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or Section 6 of the Payment of Wages Act, 1991 and or Section 27 of the Organisation of Working Time Act, 1997 and or section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the cited Acts.
Issues for Decision:
Did breaches of the relevant Acts take place and if so what redress is due?
Legislation involved and requirements of legislation:
Payment of Wages Act, 1991 and or the Organisation of Working Time Act, 1997 and or the Terms of Employment (Information) Act, 1994.
Decision:
The Respondent did not attend. I am satisfied that proper notification of the hearing issued to all parties.
On the basis of the credible evidence presented by the Complainant I make the following decisions.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00006224-001 |
Outstanding Wages:
Four (4) hours pay at €9.15 per hour = €36.60. Under Section 6 of the Payment of wages Act, 1991 I direct that this sum be paid as soon as possible to the Complainant.
(The 11 hours claimed for the 13th June refer to another employer.)
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006224-002 |
Outstanding Holidays - Annual Leave and Public Holidays
Four and one half days (4.5) days holiday pay –
8 x 4.5 =36 hours pay at €9.15 = €329.40.
Four days Public Holidays 17th & 28th March , 2nd May and 6th June 2016
8 x 4 =32 hours pay at €9.15 = €292.80.
Under Section 27 of the Organisation of Working Time Act, 1997 I direct that this total sum € 622.20 in lieu of holidays be paid as soon as possible to the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006224-003 |
No written terms of employment provided.
On the basis of the evidence of the Complainant I direct that this sum € 75.00 as compensation for a breach of a statutory right be paid soon as possible to the Complainant.
Total Award
Wages € 36.60
Ordinary Holidays € 329.40
Public Holidays € 292.80
No written Terms of Employment €75.00
TOTAL € 733.80
Dated: 27th April 2017