ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007097
Parties:
| Complainant | Respondent |
Parties | A Digital Relations Executive | An Online Service |
Complaint:
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-00009674-001 | 13/02/2017 |
Date of Adjudication Hearing: 21/06/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Location of Hearing: Room 4.01 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The complainant began her employment with the respondent on September 21st 2016 and it terminated on December 15th 2016. Her basic wage was €480 per week but she was not paid for the first two weeks, and also in respect of a further half week. Also, she was not paid for annual leave due to her on terminating the employment. She had also been paid commission. |
Summary of Complainant’s Case:
The complainant confirmed the above facts in direct evidence. She contacted her employer about the wages due and was promised that it would be processed with the payroll run on December 13rd 2016 but this was not honoured. She says that she is owed two and a half weeks pay in total. In respect of annual leave her entitlement based on her evidence of the hours she worked (480 hours in total) her claim is for 4,4 days holiday. |
Summary of Respondent’s Case:
The respondent did not attend the hearing and did not provide any explanation for the failure to do so. |
Findings and Conclusions:
I accept the evidence of the complainant which was credible. Although she was paid commission she was not in a position to say exactly what her entitlement was and so I have discounted it. On the basis of being owed two and a half weeks’ wages this gives her entitlement to €1,200. In respect of her annual leave entitlement I calculate this at €422 in respect of the 4.4 days entitlement. |
Decision:
Section 41 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 uphold complaint CA-00009674-001 and award the complainant €1200 in respect of wages due and €422 in lieu of annual leave not given. Both are gross figures and are subject to the usual statutory deductions. |
Dated: 9/8/17
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Wages, Annual leave |