ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004709
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Officer | A Service Group |
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-00006396-001 | 09/08/2016 |
Date of Adjudication Hearing: 13/06/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Location of Hearing: The Ardboyne Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and under Section 5 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.
Background:
The Complainant was employed as a security officer with the Respondent from the 28th of September 2011 to the 27th of February 2016. He alleges that the Respondent failed to pay him his full wage entitlements contrary to Section 5 Payment of Wages Act, 1991. He filed a complaint with the Workplace Relations Commission on the 9th of August 2016. |
Summary of Complainant’s Case:
The Complainant outlined the following oral submission: That the Respondent failed to pay him 12 hours pay on the termination of his employment. The Respondent also failed to pay him his full entitlements in relation to annual leave and public holidays. That he has attempted to resolve this matter with the Respondent for a period of time without success. |
Summary of Respondent’s Case:
The Complainant left his employment on the 27th of February 2016. He was paid the 12 hours owed to him in May 2016. For the holiday year 2016, he worked a total of 992 hours. Therefore holiday due to him was 79 hours. Over a period of time, he received his full entitlements in relation to holiday pay and in relation to public holiday entitlements. The Payslips that he received will confirm this. Therefore the Complainant is not due any outstanding wages from the Respondent. |
Findings and Conclusions:
The Respondent and the Complainant examined the payslips for holiday year 2015. The Complainant accepted that he received his full entitlements over a period of time. He was also provided with the Payslip showing the 12 hours that he thought he was not paid. The Complainant accepted as a result of this exercise that he was not owed any outstanding wages. |
Decision:
Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Section 2 of the 1991 Act.
Based on the evidence presented at the hearing, I find that this Complaint is not well founded and therefore fails.
Dated: 06 July 2017