ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007244

Parties:

Complaint(s):

Date of Adjudication Hearing: 22/06/2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant commenced employment as a Head Chef from 10^th January 2017 to 7^th February 2017. He was to be paid €900 gross per week. The Complainant has alleged he did not receive his proper pay and has made his complaint under the Payment of Wages Act, 1991. As a consequence of not receiving his proper pay the Complainant resigned from his position.

Summary of Complainant’s Case:

CA-00009842-001: Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

The Complainant was entitled to a weekly wage of €900. He has alleged that he received a payslip on 19^th January for €450, on 26^th January for €900, and on the 2^nd February for €900. The Complainant also alleged that he was due payment for his final week’s work for €900 but he did not receive this.

He maintains that the total monies owed to him amounts to €1,350.

The Complainant advised that his P45 indicates that he was paid €3,750 which is what was due to him; however he only received €2,250 from the Respondent. It was therefore submitted that he was due €1,500 pay and one day’s holiday amounting to €180, which he had not received.

The Complainant maintained that he contacted the Respondent on a number of occasions seeking his payment but he did not receive same. In his evidence the Complainant presented a text he received from the Respondent’s bookkeeper on 13^th February 2017 which advised that Respondent was tidying up the accounts, there was no money, so there was nothing the bookkeeper could do.

The Complainant submitted that he continued to seek payment from the Respondent, and on 28^th March 2017 he received a text from the Respondent which advised that she had been made aware that the Complainant was using a solicitor and therefore assumed the solicitor would be dealing with the questions. The Claimant maintained that he received no further correspondence from the Respondent and the matter remains unresolved.

Summary of Respondent’s Case:

The respondent did not attend the hearing, nor did they make any submission. I'm satisfied the Respondent would have been advised of the hearing by the WRC.

Findings and Conclusions:

CA-00009842-001: Findings to Complaint under section 6 of the Payment of Wages Act, 1991

Section 5 (1) of the Payment of Wags Act 1991 states that an employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—

1. the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,

2. the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or

3. in the case of a deduction, the employee has given his prior consent in writing to it.

    

   I find that in light of the uncontested evidence that the Respondent has underpaid the Complainant €1,350 plus €180 holiday pay, and as such this underpayment amounts to an unlawful deduction contrary to Section 5(1) of the Act, as the deductions were not required or authorised, nor were the deducted with the consent of the Complainant. In addition I find due to the underpayment he was paid less than half his wages on two separate weeks.

    

   I therefore uphold the complaint.

   Decision:

   CA-00009842-001: Decision in Relation to Complaint under section 6 of the Payment of Wages Act, 1991

   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.

   Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to a contravention under Section 5 of that Act.

   I have found the complaint is well founded as respects the unlawful deductions from the Complainant’s wages. I direct the Respondent to pay the Complainant compensation of €1,580 after the making of any lawful deduction.

    

   Dated:   30^th August 2017

    

   Workplace Relations Commission Adjudication Officer: Gerry Rooney

   Key Words: