ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006010 and ADJ-00006015
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-00008196-001 CA-00008339-001 | 15th November 2016 |
Date of Adjudication Hearing: 12th April 2017
Workplace Relations Commission Adjudication Officer: Seán Reilly
Location of Hearing: The Glasshouse Hotel, Sligo.
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act 1991 and 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.
Background:
The Complainant was employed by the Respondent from 29th January 2016 to 10th February 2016 and her rate of pay was €1,464.00c per month (minimum wage).
The Complainant was submitting that that the Respondent had failed to pay her wages properly payable to her and also failed to pay her holiday pay for accrued untaken annual leave
The Respondent was not present or represented at the Hearing and they sent no submissions.
Preliminary Issue: The complaint was presented to the WRC on 15th November 2016, in accordance with the provisions of Section 41(6) of the Workplace Relations Act 2015 the normal period under consideration for the purposes of the complaint is 6 months from the date of the presentation of the complaint, which in this case is 15th May 2016, and this is more than 6 months after the Complainant’s employment with the Respondent terminated. However, the Complainant made submissions that in accordance with the provisions of Section 41(8) of the Workplace Relations Act 2015, the failure to present the complaint at an earlier date was due to reasonable cause that justified extending the normal 6 month period for the consideration of complaints by a further 6 months.
The Complainant said that she was attempting to resolve the matter directly with the Respondent and was led to believe that matters would be resolved and monies due would be paid to her and this delayed her taking advice on how to deal with the matter and submit complaints under the 1991 Act that justified extending the normal 6 month period for the consideration of complaints by a further 6 months.
Summary of Complainant’s Case:
The Complainant said that she did not receive her appropriate wages for time worked for the Respondent in the relevant period. The Complainant said that she was due the nett sum of €882.30c in that respect (details provided to the hearing). The Complainant further submitted that she did not receive any accrued untaken annual leave entitlements at the time of the termination of her employment and she said that she was due the nett sum of €62.58c in that respect (details provided to the hearing). The Complainant submitted that he was due the total nett sum of €844.88c and she sought a decision to that effect. |
Summary of Respondent’s Case:
The Respondent was not present or represented at the Hearing and they sent no submissions. |
Findings and Conclusions:
I have carefully considered the evidence and the submissions made and I have concluded as follows. The Respondent was not present or represented at the Hearing and they sent no submissions, accordingly I only have the evidence and submissions of the Complainant to rely upon in this matter. Firstly, based on the uncontested evidence of the Complainant, I am satisfied, and I find and conclude in relation to the preliminary issue that in accordance with the provisions of Section 41(8) of the Workplace Relations Act 2015, there was reasonable cause that justified extending the normal 6 month period for the consideration by a further 6 months and accordingly all the complaints are within the time limits for consideration of such complaints. Secondly, based on the uncontested evidence of the Complainant I find and conclude that the complaints under the Section 6 of the Payment of Wages Act 1991 are well founded and they are upheld. |
Decision:
Section 41 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 relation to the complaints in accordance with the same provisions of the 1991 Act.
Preliminary Issue: Based on the above findings and conclusions I have granted the application for an extension of the normal 6 month period under consideration for the purposes of the instant complaints: accordingly the relevant period under consideration for these purposes includes the entire period of the Complainant’s employment with the Respondent. Substantive Issues: Based on the above findings and conclusions and the uncontested evidence of the Complainant I declare that the complaints are well founded and they are upheld in full. The total nett amount due to the Complainant is €844.88c and I require the Respondent to pay her that amount within 6 weeks of the date of this decision. |
Dated: 6th June 2017
Workplace Relations Commission Adjudication Officer: Seán Reilly.
Key Words: Unpaid Wages and Holiday Pay