ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005879

Complaint(s):

Date of Adjudication Hearing: 17/01/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Location of Hearing: Radisson Blu Hotel Cork

Procedure:

In accordance with Section 41 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).

CA-00008139-001

Background

The claimant was employed by the respondent from the 25th April to the 9th September 2016 a total of 20- weeks .He was paid €356.85 gross (€339.79 net ) per week. It was submitted on behalf of the claimant that

Hours worked was 652@€9.15 per hour                                                                =            €5965.80.

Holidays 652@ €9.15 @ 8 %                                                                                                       €477.26,

Public Holidays or Time in Lieu

2/5/16                    8 hours,

6/6/16                     0 hours,

1/8/16                   9 hours

Total 17 hours @ €9.15 per hour                                                                                €155.55

Premium for working on Sundays (dates supplies) 93 hours @ €0.25=                     €23.25

Total                                                                                                                      l                               €6621.25

The claimant also stated that he worked hours that he was not paid for and that he was due €8463.75 The claimant stated that he did not receive the amount of €2369.89 that was shown on payslip dated the 9th September 2016.

The respondent submitted that the claimant worked from the 25th April to the 9th September 2016. He worked a total of 138 days and in that period he was on shore leave and fully paid for 60 days .

The respondent was asked to provide a copies of the cheques that was made payable to the claimant and cashed.

The claimant was actually paid per payroll     €7137.00 plus fishing Bonus €4078.90  

Total   €11215.90 gross

Findings

The complaint was received on the 11^th November 2016

Both parties made written submissions at the hearing and additional information was requested and provided by both parties. I find that the payslip dated the 9/ 9/16 gave the wrong impression and led to confusion with the claimant expecting to receive the sum of €2369.89 net. I find that having carefully examined all documentation including copies of cheques along with 2 credit transfers.  I find that the claimant did receive the full amount that was owed to him. I find that based on the evidence   that the claimant was on shore leave on full pay for   60 days he was paid for all hours worked.

I find the claimant did receive the sum of €11215.90 gross as per his P45.

Decision

Section 41 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 that the complaint is not well founded and falls.

Jim O Connell

Adjudicating Officer

CA-00008138-002

Background

The claimant was employed by the respondent from the 25th April to the 9th September 2016 a total of 20- weeks .He was paid €356.85 gross (€339.79 net ) per week. It was submitted on behalf of the claimant that;

He did not receive Public Holiday entitlements.

He did not get paid for the following Public Holidays on the May 2/5/16, August 1/8/16.

The respondent submitted that the claimant worked from the 25^th April to the 9^th September 2016. In that time the claimant worked a total of 138 days and in that period he was on shore leave and fully paid for 60 days.

Findings

Complaint received on the 11^th November 2016.

Based on the evidence as presented I find that out of the 138 days the claimant was employed he was on shore leave for 60 day on full pay.

Decision:

Section 41 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 claim is not well founded and falls.

Jim O Connell

Adjudicating Officer

Dated:   18^th April 2017