ADJ-00006630

Complainant

Respondent

Parties

A Dentist

A Dental Practice

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-00008848-001

19/12/2016

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00008848-002

19/12/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00008848-003

19/12/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00008848-004

19/12/2016

The Complainant was employed as a dentist by the Respondent from the 1 February 2016 to the 26 September 2016. She alleges that:

• The Gross salary paid to her was not in accordance with her Work Permit
• That unlawful deductions were made from her wages
• That she received no payment for working public holidays
• She was not paid her minimum notice entitlements.

She filed a complaint with the Workplace Relations Commission on the 19 December 2016, alleging that the Respondent was in breach of the Payment of Wages Act 1991, Section 11 of the Minimum Notice and Terms of Employment Act 1973 and Section 27 of the Organisation of Working Time Act 1997.

The Complainant was employed as a full-time general dentist by the Respondent for the period 1 February 2016 to 26 September 2016.

She was recruited by the Respondent when she was working as a Resident in the University of Szeged, Hungary. Before travelling to Ireland, she signed a contract of employment, which specified that her earning would be based on 20% of the work done on behalf of the practice or €1,000 per month, whichever was the greater.

This contract was rejected by the Inspector from the Workplace Relations Committee on the ground that it did not comply with the requirements of the Irish Immigration Authorities.

When her Work Permit was issued it specified a salary of €625 (€32,500 per annum or €2,708 per month gross).

Her employer refused to recognise this salary, stating that the original contract that she had signed in Hungary was the legally enforceable contract and they continued to pay her on the basis of 20% of the work she generated. She wished to point out that although her gross wages were calculated in accordance with the Hungarian contract of employment, the normal Irish statutory deductions, including Employer’s Pay Related Contributions (which were also deducted from her gross salary) were calculated on the basis of the much higher salary as per the Irish contract of employment passed and approved by the Irish Authorities.

At the same time the Respondent employment a Payroll Company in Dublin to prepare “official” Payslips based on a salary of €2,500 from which PAYE, PRSI and USC was deducted and presumably paid over to the Irish Revenue Collector-General, thus keeping him at one with the requirements of the Irish Immigration Authorities.

These deductions, including Employers Pay Related Contributions, were then deducted from her much lower commission earnings and she was paid the balance.

Her contract of employment specified that accommodation will be provided. The accommodation consisted of a very small room with only basic amenities located within the premises where the business is located, which was also the residence of the Respondent.

Because of a disagreement with the Respondent, basically because she was not adhering to the rules of the house which in the main consisted of leaving the house without his permission. At the end of April 2016 she was asked to vacate the premises and find alternative accommodation. He agreed that he would pay her an addition €50 per week (€200 per month) in lieu of accommodation.

Under Payment of Wages (Ref No: CA-00008848-001)

The salary declared on the official payslips, prepared by the Respondent was €19,003 gross or €16,434 nett. The actual net salary paid to the Complainant was €10,811 nett, leaving an underpayment of wages of €5,623 nett.

In addition, the Complainant was not paid an accommodation allowance due to her for a 4 month period at the rate of €200 per month, and the Respondent also failed to pay her €150 per month, leaving a short-fall in wages in the sum of €950 gross or €689 nett.

In addition, the Respondent under paid the Complainant in relation to her wages in the sum of €1,984 gross or €1,438 nett (€208 per month x 7 months) and (528 per month x 1 month).

The total short-fall in her wages works out as €7,750.

Non Payment of Minimum Notice Entitlements (Ref No: CA-00008848-002)

The Complainant reported to work on the 29 September 2016. She was called into the office by the Respondent and she was summarily dismissed without notice or payment in lieu of notice. Her dismissal was linked to a pending visit by inspectors from the WRC, who were due to call to the business the following week. Her written contract with the Respondent called for a 30 day minimum notice in the event of the contract being terminated being terminated by either party.

Some two weeks prior to her dismissal she was instructed by the Respondent to falsify her timesheets and Work Schedules in order to justify the very low wages that she was being paid. This interrogation was conducted in a very aggressive manner and continued for some time, at which stage, in a highly emotive state and feeling very intimidated and on the spur of the moment she blurted out “I don’t want to work here any more because of the way you treat me and because you are asking me to tell lies about my working hours”.

This incident was used as an excuse by the Respondent to justify her dismissal, stating that she had indicated that she not longer wanted to work there and therefore was dismissing herself and consequently was not entitled to any notice or payment in lieu of notice.

She has decided that she only wishes to seek one week’s minimum notice from her employer. This equates to €625 gross or €453 nett.

Non Payment of Public Holidays (Ref No: CA-00008848-003)

She was advised by the Respondent that she was obliged to work all public holidays without any extra payment – that this was the law in Ireland. She has accrued an entitlement to 5 public holidays in the sum of €125 per day, leaving an outstanding balance due to her of €453 nett.

Non Payment of Annual Leave Entitlements(Ref No: CA-00008848-004)

The Complainant has decided not to pursue this claim against the Respondent.

The Respondent was advised of the date and the time of the hearing, which took place on the 27 April 2017. The Respondent did not attend at the hearing.

Based on the uncontested evidence at the hearing I find that the evidence presented by the Complainant was credible. It was obvious from the evidence she presented that she was treated with total disrespect and that she was not provided with her legal entitlements under the Payment of Wages Act 1991, under the Organisation of Working Time Act 1997 and under the Minimum Notice & Terms of Employment Act 1973.

Payment of Wages Act 1991 (Ref No: CA-00008848-001)

Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaints in accordance with the relevant provisions of the Act.

Based on the uncontested evidence presented at the hearing I find that this complaint is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €7,750 nett for breaches of Section 6 of the Payment of Wages Act 1991. This sum should be paid within six weeks of the date of this decision.

Minimum Notice & Terms of Employment Act 1973 (Ref No: CA-00008848-002)

Section 7 of the Minimum Notice & Terms of Employment Act 1973 requires that I make a decision in relation to the complaints in accordance with the relevant provisions of the Act.

Based on the uncontested evidence presented at the hearing I find that this complaint is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €453 nett for breaches of Section 7 of the Minimum Notice & Terms of Employment Act 1973. This sum should be paid within six weeks of the date of this decision.

Organisation of Working Time Act 1997 (Ref No: CA-00008848-004)

Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to the complaints in accordance with the relevant provisions of the Act.

Based on the uncontested evidence presented at the hearing I find that this complaint is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €453 nett for breaches of Section 27 of the Organisation of Working Time Act 1997. This sum should be paid within six weeks of the date of this decision.

The total sum due to the Complainant is €8,656 nett.