ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004610
Complaint 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-00006249-002 | 03/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006249-003 | 03/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006249-004 | 03/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006249-005 | 03/08/2016 |
Date of Adjudication Hearing: 13/12/2016
Venue: Ardboyne Hotel, Navan, Co. Meath
Workplace Relations Commission Adjudication Officer: John Walsh
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 6 of the Payment of Wages Act, 1991 and under Section 7 of the Terms of Employment (Information) Act, 1994 and under Section 27 of the Organisation of Working Time Act, 1997 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 worked as a full-time kitchen assistant from the 25th of January 2016 to the 2nd of May 2016. She alleges that the employer treated her very disrespectfully and did not pay the correct amount of wages due to her. As a result she left the employment.
She alleges that she was not provided with a written statement outlining her terms and conditions of employment contrary to Section 7 of the Terms of Employment (Information) Act, 1994. She alleges that she was not paid wages due to her contrary to Section 6 of the Payment of Wages Act 1961. She alleges that she did not receive her annual leave or public holiday entitlements contrary to Section 27 of the Organisation of Working time Act, 1997. She filed a complaint with the workplace relations commission on the 3rd of August 2016.
Complainant’s Submission:
Complaint taken under Section 7 of the Terms of Employment (Information) Act, 1994. Ref. No: CA-00006249-003
That she did not receive a written statement outlining her terms and conditions of employment during the course of her employment.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Based on the uncontested evidence presented at the hearing I find that the complaint is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €400 for breaches of Section 7 of the Terms of Employment (Information) Act, 1994.
This sum must be paid within 6 weeks of the date of this decision.
Complainant’s Submission:
Complaint taken under Section 6 of the Payment of Wages Act, 1991 Ref. No: CA-00006249-002
That she did not receive all of the wages due to her on the termination of her employment. The total amount of wages owed amounts to €145.
The following is a breakdown of monies owed to her:
March 2016
21-27 – owed €360 received €350 Balance Due €10
March to April 2016
28-3 - owed €378 received €360 Balance Due €18
April 2016
4-10- owed €373.50 received €360 Balance Due €13.50
11-17- owed €378 received €360 Balance Due €18
18-24-owed €373.50 received €360 Balance Due €13.5
May 2016
25-1st – owed €432 received €360 Balance €72
June 2016
2-8- owed €270 received €270
Balance Due = €145.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Based on the uncontested evidence presented at the hearing I find that the complaint is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €145 for breaches of Section 6 of the Payment of Wages Act, 1991.
This sum must be paid within 6 weeks of the date of this decision.
Complainant’s Submission:
Complaint taken under Section 27 of the Organisation of Working Time Act, 1997. Ref. No: CA-00006249-004/005
That she did not receive her annual leave entitlements. She worked up 6 days annual leave entitlements. She is due outstanding wages €756.
That she did not receive her public holiday entitlements. She is due 3 days wages in relation to her public holiday entitlements amounting to €216.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Based on the uncontested evidence presented at the hearing I find that the complaint is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €756 and €216 for breaches of Section 27 of the Organisation of Working Time Act, 1997 in relation to annual leave and public holiday entitlements.
This sum must be paid within 6 weeks of the date of this decision.
Dated 26th April 2017