ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004816

Complaint for Resolution:

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-00006875-001	08/09/2016

Date of Adjudication Hearing: 13/12/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

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

Complainant’s Submission and Presentation:

The complainant stated that she had a verbal contract with the respondent to work for a 19 hour week to be paid at minimum wage. This amounted to €172 per week. After the first week, the respondent told her he couldn’t afford to pay her if she did not bring in more clients. After the second week, when she requested her wages and a written contract he accused her of stealing product. The employment then ended. She requested a decision affirming that wages of €172 were withheld contrary to the Payment of Wages Act.

The complainant refutes any allegation of wrongdoing in particular the allegation made that she removed product, an allegation which she states was unfounded and closed by Gardai.

Respondent’s Submission and Presentation

The respondent stated that he was asked to take on the complainant by her previous employer when that employment was closing. He stated that he was only in a position to take her on if she could bring clients in with her. He stated that she did not work the hours stated and that she took product. However, he agreed that he was willing to pay the €172 into her account but she refused and wanted to go through the case at WRC.

Decision:

Section 5 of the Payment of Wages Act 1991 provides:

“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.”

It is common case that the employee in this case was due wages of €172 per week and only received wages for one week when two week were worked.

I declare the complainant’s complaint to be well founded and I require the respondent to pay to the complainant the sum of €172 within six weeks of the date of this decision.

Dated: 28^th February 2017