ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005653
Parties:
| Complainant | Respondent |
Parties | A Worker | A Warehouse Distributor |
Complaint(s)/Dispute(s) 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-00007548-001 | 11/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00007548-002 | 11/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00007548-003 | 11/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00007548-004 | 11/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00007548-005 | 11/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00007548-006 | 11/10/2016 |
Date of Adjudication Hearing: 06/02/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
The complaint under the National Minimum Wage Act 2000 was withdrawn at the hearing.
Summary of Complainant’s Case:
The claimant was employed as a warehouse worker with the respondent from the 7thOctober 2015 to the 28thFeb. 2016. He submitted the respondent was in breach of the Payment of Wages Act for failing to pay him outstanding wages of €4,846.20 for work undertaken in Jan. and Feb. 2016. He further asserted that the respondent was in breach of the Act for failing to pay him one weeks notice – he was advised at the end of Feb.2016 that there was no need to return to work. The claimant further submitted that the respondent was in breach of the Organisation of Working Time Act 1997 for failing to pay him his annual leave entitlement on termination of his employment. He further complained that the respondent failed to pay him Sunday Premium while working on Sundays in Oct/Nov. 2015. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Findings and Conclusions:
The claimant’s complaints were received by the Commission on the 11th.Oct.2016. The claimant submitted that he had endeavoured to settle the dispute directly with the employer to no avail and was then advised to process his complaint through ISI (Insolvency Services Ireland) who initially indicated that they would be able to resolve the matter. He asserted that it was only in Oct. 2016 that he was advised by ISI that he would have to process his complaints through the WRC and this accounted for the delay in making the complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having reviewed the evidence of the claimant, I have concluded that there was reasonable cause for the delay in making the complaint and consequently I deem the complaints to be in time. CA-00007548-001/006 – Payment of Wages Act 1991 Non payment of notice - on the basis of the uncontested evidence of the claimant , I find the complaint to be well found and require the respondent to pay the claimant €356 compensation within 42 days of the date of this decision CA-00007548-004 – Payment of Wages Act 1991 Non payment of wages – on the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and require the respondent to pay the claimant €4,846.20 compensation within 42 days of the date of this decision. CA-00007548-003- Organisation of Working Time Act 1997 Non payment of Sunday Premium- on the basis of the uncontested evidence of the claimant I find the complaint to be well founded and require the respondent to pay the claimant €300 compensation for this breach of the Act. CA-00007548-005 Organisation of Workng Time Act 1997 Non payment of Annual Leave – on the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and require the respondent to pay the claimant €584 for monetary loss and €300 compensation for this breach of the Act. |
Dated: 07 June 2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea