FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : REDWELD ENGINEERING LIMITED (REPRESENTED BY LANIGAN & CURRAN SOLICITORS) - AND - CHRISTOPHER ROYLE REPRESENTED BY GAFFNEY SOLICITORS DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No. ADJ-00001794.
BACKGROUND:
2. This is an appeal of an Adjudication Officer's Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 12 April 2017 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Redweld Engineering Limited against an Adjudication Officer’s Decision given under the Payment of Wages Act, 1991 (the Act). The Adjudication Officer upheld the claim made by Mr Christopher Royle against his former employer and he awarded him the sum of €860.00 for the breaches of the Act found to have occurred.
In this Determination the parties are referred to as they were at first instance. Hence Redweld Engineering Limited is referred to as the Respondent and Mr Christopher Royle is referred to as the Complainant.
The Complainant referred his complaint to the Workplace Relations Commission under the Act on 9thFebruary 2016.
The Respondent failed to attend the hearing before the Adjudication Officer for reasons which were explained to the Court.
The Complainant was employed by the Respondent from 19 October 2015 until 2 February 2016 and was paid €400.00 per week. He claimed that he worked a week in hand and was therefore owed €400.00 at the termination of his employment. He also claimed that he was owed an annual leave entitlement of 8% of the hours worked by him since the commencement of his employment totalling €480.00.
The Respondent disputed the claims and provided printouts of the Complainant’s weekly payments. However, it accepted that the Complainant was due two days’ pay and had made efforts to pay him this amount. It held that there was no annual leave owing to the Complainant as he had received six days’ annual leave during the period of his employment.
Having examined the records supplied the Court is not satisfied that the Complainant received payment for all weeks worked as the records do not show any payment for the first week of 2016. Therefore the Court awards the Complaint the sum of €400.00 in respect of that week. Furthermore, the Court awards payment for the two days i.e. €160.00, which the Respondent accepts were not paid, i.e. in respect of 1stand 2ndFebruary 2016.
The Court is satisfied based on the records provided that the Complainant was paid and was on annual leave for six days during the period of his employment.
Determination
The Court determines that the Respondent must pay the Complainant the sum of €560.00 in respect of the breaches of the Act. This payment should be made within six weeks of the date of this Determination. Accordingly, the Court varies the Adjudication Officer’s Decision and upholds the Respondent’s appeal in part.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
26 April 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.