ADJ-00004654

ADJUDICATION OFFICER DECISION 

Adjudication Decision Reference: ADJ-00004654

Complaints for Resolution:  

Date of Adjudication Hearing: 05/01/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

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

Attendance at Hearing: 

Background

The Complainant was employed as a Receptionist from 3^rd December 2015 to 10^th March 2016. She was paid €9.15 per hour. She has claimed that she is owed minimum notice, holiday and Public Holiday pay. 

Decision

The Labour Court in the Cementation Skanska V Carroll DWT00338 (WTC0333) stated, “ in considering if reasonable cause exists it is for the complainantto show that there are reasons which both explains the delay and afford an excuse for the delay…In the context in which the expression reasonable cause appears in the statute it suggests an objective standard but it must be applied to the facts and the circumstances known to the complainant at the material time”

I have decided to grant the extension because I have found on uncontested evidence that the Complainant tried to resolve the matter but was “put off” by the Respondent. Also I have found that she was unaware of her rights to formally raise a grievance.

This complaint was presented to the Commission on 25^th August 2016 therefore the period that may be investigated is from 26^th August 2015 to the date of employment ending. 

Payment of Wages Act,   CA-00006650-002

Complainant’s Submission and Presentation:

The Complainant stated that she was employed from 3^rd December 2015 to 10^th March 2016. She stated that the P45 has the incorrect end date of 14^th February 2015. Her Business Manager gave her a letter stating that the end date was 3^rd March 2016. She advised the hearing that she worked March 3^rd and 10^th.

She has claimed that she did not receive minimum notice when she left the employment because she was not getting paid.

She has claimed one week’s wages amounting to 12 hours X €9.15 = €109.80.

Respondent’s Submission and Presentation:

The Respondent did not attend and was not represented.

Findings

Based on uncontested I find as follows:

In accept that the Complainant had 13 weeks continuous employment and so had accrued an entitlement to be considered for minimum notice.

However I find that the Complainant resigned her position and left with immediate effect because she was not getting paid.

Under those circumstances I find that she has not got an entitlement to minimum notice.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the Respondent has not contravened Sec 5 of the Payment of Wages Act. 

As per Sec 6 (2) of the Payment of Wages Act I have decided that the claim is not well founded and that it fails. 

Organisation of Working Time Act, CA-00006650-003/ 004

Complainant’s Submission and Presentation:

1) Holidays

She stated that she received no holidays or holiday pay for this employment. She has claimed 8% of €1,388 based on the P60 for 2015 and 8% of €375 in 2016, a total of €141.12.

2) Public holidays

She stated that she received no payment for the Public Holidays. She did not get compensated for Dec 25^thand 26^th.

Respondent’s Submission and Presentation:

The Respondent did not attend and was not represented.

Findings

1) Holidays

I accept the claim regarding holidays and find that no compensation for holidays was given.

I find that she is owed €141.12 as claimed for the economic loss.

I also find that she is entitled to compensation for breach of her rights under this Act. 

2) Public holidays

I accept the claim regarding Public Holidays and find that no compensation was given.

I find that she was entitled to one fifth of a week’s pay in respect of Dec. 25^th & 26^th also for Jan. 1^st amounting to 3 X (12 hours X €9.15 =€109.80/5 =€21.96) =€65.88.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

As per Sec 27 (3) (a) of the Organisation of Working time Act I have decided that the complaint was well founded.               

As per Sec 27 (3) (c) of the Organisation of Working time Act I require the Respondent to pay the Complainant compensation of €207.00 for the economic loss incurred.

In addition I require the Respondent to pay the Complainant €150.00 in compensation for breach of her rights under this Act.

This is to be paid within six weeks of the date below. 

Eugene Hanly

Adjudication Officer

Dated:   04 April 2017