ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004074

Complaints for Resolution:

Date of Adjudication Hearing: 18/10/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 ,Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997, 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.

Complainant’s Submission and Presentation:

The complainant submitted that he commenced work as a Barman on €10.00 per hour with the respondent on 15 January, 2016. He submitted a copy of a contract of employment .He stated that things were” alright at first “but he had agreed with the respondent that he would be paid €270.00 per week, but was only paid €220.00. He understood that the matter would be resolved. He worked a range of hours between 29 and 35 per week and he was short 8 weeks at €50.00 per week .He undertook to submit copies of

2 Payslips

Emails and Texts where he pursued the variance in salary.

He did not receive a P45 on leaving the employment.

The complainant submitted that he was owed €400.00 for 8 weeks underpayment and €526.00 in respect of non payment of week in hand and his final week .He contended that he had complied with compilation of the time attendance sheet and he ought to be paid correctly.

In addition, the complainant submitted that he did not receive cesser pay in respect of annual leave on the conclusion of his employment and was owed €464.00

He submitted that he had been hospitalised and very stressed by his experience at the respondent employment. He sought payment in full.

Respondent’s Submission and Presentation:

No Appearance on or behalf of the respondent.

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.

Section 6 of the Payment of wages Act, 1991 requires that I make a decision in respect of this claim. Section 27 of the Organisation of the Working Time Act, 1997 requires I make a decision in respect of this claim.

I am satisfied that the respondent was on notice of the logistics of the hearing and that an appearance was not entered on behalf of the company. I commenced the hearing, having waited for 15 minutes, a reasonable time in which to determine any eventualities which may have prevented an attendance.

I listened carefully to the complainant’s submission and I awaited reception of the pro offered items to support the complainant’s case in the form of pay slips and documentation in collateral of the oral submissions. This documentation has not arrived three weeks post hearing date and I have reflected on this.

I am dissatisfied by the non attendance of the respondent at the hearing. I find the lack of any engagement either in person or by submission to be disrespectful towards the statutory body of the Workplace Relations Commission.

1 Payment of Wages Complaint: CA-00005906-001

Regulation of certain deductions made and payments received by employers.

Section 5 of the Payment Of Wages Act , 1991

5. —(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—

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

(b) 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

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

………..

The complainant has contended that he was underpaid, however, I am not satisfied that he has proved the underpayment given the shortfall in the surety I received at the hearing. I have reviewed the contract, which confirms a €10.00 per hour payment based on an ad-hoc hours of attendance pattern. In the absence of the pro-offered documents, I must find that the complaint is not well founded and therefore, cannot succeed.

2 Claims for Annual Leave: CA-00005906-002

Compensation on cesser of employment.

Section 23.Organisation of Working Time Act , 1997

—(1) (a) Where—

(i) an employee ceases to be employed, and

(ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee,

the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave.

The complainant has contended that he did not receive his cesser pay on the conclusion of his employment . He volunteered to submit details in support of his claim immediately after the hearing I have not received the requested details to allow me to consider the claim in accordance with the provisions of section 23 . In the absence of the collateral documentation, I must find that, having inquired into the complaint , the complaint is not well founded and therefore cannot succeed.

 Dated: 10^th February 2017