ADJ-00004593

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004593

Complaints for Resolution:  

Date of Adjudication Hearing: 17/01/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 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 commenced employment with the Respondent on 4^th November 2008. He was appointed a Night Manager on 15^th May 2015 and he was issued with a Contract of Employment. He was paid €45,328.00 per annum, this included a Night Premium. The Complainant transferred, as Line Manager effective from 25^th February 2016 on day shift and he receives a salary of €34,081.00.

The Complainant forwarded a number of complaints to the Workplace Relations Commission on 19^th August 2016 alleging the Respondent had breached Section 5 of the Terms of Employment (Information) Act, 1994 and had breached Section 5 of the Payment of Wages Act, 1991.

Summary of Complainant’s Position.

Terms of Employment (Information) Act, 1994.

The Complainant stated that he had been issue with a Contract of Employment following his appointment as a Manager in 2011. He continued to work on this Contract in a specified shop until February 2016 when he was moved to a new shop still employed as a Line Manager. He stated that he was only notified on 17^th February 2016 that he was to move to a shop in a new location on 21^st February 2016. He stated that his salary was reduced and he was not notified in writing of the change.

Payment of Wages Act, 1991.

The Complainant stated that on his appointment as a Manager in 2015 he was provided with a written statement of his Terms and Conditions of Employment. This states that he is entitled to a Salary of €44,880.00 at that time. He stated that he was moved location in February 2016 and his wages were reduced and he stated that a deduction of €436.95 has been deducted from his wages each month and he is claiming payment of €2621.70 for an unlawful deduction.

Summary of Respondent’s Position.

Terms of Employment (Information) Act, 1994.

The complaint is that the Respondent is in breach of Section 5 of the Act in relation to a change in February 2016 when he transferred from Night Manager to Line Manager. The only change to his Terms and Conditions of Employment was that his salary was reduced from €45,328 to €34,081. The Complainant sought a change from Night Manager to Day Manager at a meeting with a named Manager on 22^nd March 2016 this was due to health issues. Notes of this meeting were provided to the Hearing. The Respondent stated that the Contract of Employment issued to the Complainant when he took up the position of Night Manager in a named Store in May 2011 which clearly states that “Your salary includes a premium of T1/3 for working nights. In the event that you revert to days this premium will no longer apply.”

The Complainant was issued with a revised Contract of Employment which he refused to sign due to the reduction in his salary.

Payment of Wages Act, 1991.

The Complainant requested a transfer from night Manager Duties to a Day Manager position on 2^nd March 2016 during a meeting with a named Manager. This was due to health issues following a car crash. Notes of this meeting resented. The Respondent transferred the Complainant at his request to a Day Manager job on 22^nd March 2016. The Complainant was made aware that this would entail a reduction in his salary. The Complainant accepted this position. He did express dissatisfaction with the reduction in salary. He was offered a return to his previous position which he declined.

Findings

Terms of Employment (Information) Act, 1994. CA-0000-6535-002

On the basis of the evidence from both Parties I find as follows –

The Complainant was issued with a written statement of his Terms and Conditions of Employment when he took up the position of Manager, working Nights in a specified store. This contract clearly states that he was entitled to payment of salary of €44,880.00 at that time to include a premium payment of time plus a third for working nights. This contract clearly states that in the event the Complainant moves to working days then he will lose this premium.

The evidence shows the Complainant was issued with a revised Contract of Employment in March 2016 which both Parties confirmed the Complainant refused to sign as the salary was stated as being €34,081.00 which is the salary minus the Premium he had been paid when he was working as a Night Manager.

I find this complaint is not well founded.

Payment of Wages Act, 1991. CA-00006535-001 – 003.

On the basis of the evidence I find there was no unlawful deduction from the wages of the Complainant when he moved from   a Manager Position working nights which attracted a Premium of time plus a third, to a day Manager position which he requested from the Respondent and accepted and accordingly he lost payment of the Night Premium of time plus a third.

I find this complaint is not well founded.

Decisions

Terms of Employment (Information) Ac t, 1994 CA-00006535-002

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 and in view of my findings above I declare this complaint is not well founded.

Payment of Wages Act, 1991. CA-00006535-001-003

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 and in light of m y findings above I declare this complaint is not well founded.

Rosaleen Glackin 

Adjudication Officer 

Date:           29 March 2017