ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006478
Parties:
| Complainant | Respondent |
Parties | A Web Designer | A Digital Media Company |
Complaint(s):
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-00008923-001 | 23/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00008923-002 | 23/12/2016 |
Date of Adjudication Hearing: 19/05/2017
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 was employed as a Web Developer on a wage of €519.23 per week from 7th March 2016 until 24th June 2016. The Complainant has alleged that despite many efforts she did not receive her weekly wage nor did she receive the terms and conditions of her employment. As a consequence of not receiving her pay she left her employment on 24th June 2016. The Complainant lodged her complaint to the WRC for adjudication on 23rd December 2016. |
Summary of Complainant’s Case:
CA-00008923-001- Complainant of Non Payment of Wages The complainant met with the Respondent in February 2016 and agreed to take on the position of a Web Developer. It was agreed that the Complainant would work remotely from home on developing websites for the Respondent’s clients. The Complainant alleges that she was not paid despite many attempts to receive her pay from the Respondent. The Complainant submitted copies of correspondence through Skype messaging between herself and the Respondent from March 2016 until June 2016. This correspondence indicated that she was to be placed on the payroll, and on 7th April 2016 she was advised that the Respondent had received her employer number and her pay would be sorted ASAP. The Complainant contends this never happened and the only wages she had received by 24th June 2016 was two separate payments, one of €300 and the second payment on 24th June 2016 of €500. The Complainant also submitted copies of six payslips she received for the weeks of 11th March; 1st , 8th, 22nd and 29th April, and 27 May 2016. These payslips indicate a total weekly pay €519.23. The complainant alleged she never received any payments regarding these payslips. As the matter was not sorted by 24th June 2016 the Complainant refused to complete further project work and effectively resigned her position on that date. The Complainant also maintained that she did not receive her holiday pay nor her notice period. CA-00008923-002 Complaint regarding Failure to be Provided with Information Regarding Terms and Conditions of Employment The Complainant maintained that she never received written information on her Terms and Conditions of Employment. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing nor did it make a written submission to the complaint. |
Findings and Conclusions:
CA-00008923-001- Complainant of Non Payment of Wages I find that the Complainant was employed from 7th March 2016 to 24th June 2016, a total of 15 weeks. Evidence presented corroborates that the Complainant was an employee as she was issued with some pay slips, and that she was taking work related instructions from the Respondent through Skype messaging and occasional meetings with the respondent throughout this period of time. The total amount of earnings the Complainant was entitled to amounts , based on a weekly wage of €519.23 amounts to €7,788.45. Her holiday pay amounts to 5 days or one weeks pay (€519.23). CA-00008923-002 Complaint regarding Failure to be Provided with Information Regarding Terms and Conditions of Employment I find that the Respondent is in breach of Section 3 of the Terms of Employment (Information) Act, 1994 in that it failed to provide the Complainant within 2 months of commencing her employment a statement in writing containing the particulars of the terms of the employee’s employment as set out in the Act. |
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.
CA-00008923-001- Complainant of Non Payment of Wages
Section 6 of the Payment of Wages Act, 1991 requires that I make a decision under that Act. As I have found the Respondent has unlawfully deducted payments from the Complainant by not paying her, I find the complaint well founded and hereby direct the Respondent to compensate the Complainant a total of fifteen weeks pay, plus one weeks holiday at the rate of €519.23 per week, less the €500 already paid. This amounts to a total sum of €7288.45.
This sum is to be paid within four weeks of the date of issue of my decision.
CA-00008923-002 Complaint regarding Failure to be Provided with Information Regarding Terms and Conditions of Employment
Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision under that Act. As I have found the Respondent in breach of Section 3 of the Act I declare that the complaint is well founded and order the Respondent to pay the Complainant compensation for one weeks remuneration amounting to €519.23.
This sum is to be paid within four weeks of the date of issue of my decision.
Dated: 21 June 2017
Workplace Relations Commission Adjudication Officer: Gerry Rooney
Key Words:
Payment of Wages, Terms of Employment (Information) |