Representatives

Shane Kelly (Solicitor)

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946

CA-00006653-001

25/08/2016

Complaint seeking adjudication by the Workplace Relations Commission under Section 24 of the National Minimum Wage Act, 2000

CA-00006653-002

25/08/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00006653-003

25/08/2016

The Complainant is employed as a security guard with the Respondent since the 3^rd of July 2012. He is paid at the rate of €10 per hour and works between 30 and 36 hours per week. He alleges that he did not receive the proper rate of pay in line with the Employment Regulation Order (Security Industry Joint-Labour Committee) 2015. He also alleges that he did not receive the National Minimum Wage as is provided for under the National Minimum Wage Act, 2000. He also alleges that he was not notified in writing of a change to his place of work nor was he given reasonable notice of this contrary to Section 7 of the Terms of Employment (Information) Act, 1994. He filed a complaint with the Workplace Relations Commission on the 25^th of August 2016.

Complaint 1: CA-00006653-001- Complaint taken under the Industrial Relations Act,1946 regarding the implementation of the Employment Regulation Order (Security Industry Joint-Labour Committee)- 2015.

That he is not currently receiving the rate of pay as provided for under the Employment Regulation Order (Security Industry Joint- Labour Committee) 2015. This regulation order sets out the adult pay of €10.75 per hour which took effect from the 1^st of October, 2015. That he is currently paid the rate of €10 per hour and has requested that his remuneration be increased to the minimum rate as provided for by the regulation order. He has sought payment from the respondent on numerous occasions but the Respondent has failed to pay him the appropriate rate.

Complaint 2: CA-00006653-002- Complaint taken under Section 24 of the National Minimum Wage Act, 2000.

That he is not being paid the National Minimum Wage as provided for under the Employment Regulation Order (Security Industry Joint-Labour Committee) 2015.

Complaint 3: CA-00006653-003 – Complaint taken under Section 7 of the Terms of Employment (Information) Act, 1994.

That the Complainant was not notified in writing of a change to his place of work nor was he given reasonable notice of this change as is required under Section 5(1) of the Terms of Employment (Information) Act, 1994.

Complaint 1: CA-00006653-001- Complaint taken under the Industrial Relations Act,1946 regarding the implementation of the Employment Regulation Order (Security Industry Joint-Labour Committee)- 2015.

That the reason that the Complainant is not being paid the industry rate is that he is refusing to move to a location where the tender price agreed with the client allows for a minimum rate of €10.75 per hour to be paid. The Complainant was asked to move from his current site to an alternative site where the tender price does not allow for an increase in the hourly rate of pay and he refused to do so. As a result he was unable to pay the Complainant the enhanced hourly rate of €10.75 per hour.

Complaint 2: CA-00006653-002- Complaint taken under Section 24 of the National Minimum Wage Act, 2000.

That the Complainant is being paid €10 per hour which is over the National and Minimum Wage rate as is provided for under Section 14 of the National Minimum Wage Act, 2000.

Complaint 3: CA-00006653-003 – Complaint taken under Section 7 of the Terms of Employment (Information) Act, 1994.

That the Complainant was not notified in writing of a change to his place of work as is required under Section 5(1) of the Terms of Employment (Information) Act, 1994. The Practise in the industry is to have the flexibility to move employees around as the demands of the business requires.

Findings in Relation to Complaint 1 Ref.No. CA-00006653-001

The employment regulation order (Security industry and Joint- Labour Committee) 2015 took effect from the 1^st of October 2015. The Complainant should have been paid the rate of €10.75 per hour from that date. The Complainant’s Representative has submitted a detailed list of unpaid wages due to the Complainant as a result of not being paid the hourly rate of €10.75 per hour. He is owed unpaid wages for the Co. Monaghan site in the sum of €1,483.50 and he is owed €669.95 in unpaid wages for the site in Co. Meath. The total sum due to the Complainant amounts to €2,153.45.

Findings in Relation to Complaint 2 Ref.No. CA-00006653-002

The Complainant filed this complaint under the National Minimum Wage Act, 2000. He is being made more than the National Minimum Wage of €9.25 per hour.

Findings in Relation to Complaint 3 Ref.No. CA-00006653-003

The Respondent is required to notify the employee in writing of any change to the place of work and be given reasonable notice of these changes. This is a requirement of Section 5(1) of the Terms of Employment (Information) Act, 1994.

Recommendation in Relation to Complaint   1 Ref. No. CA-00006653-001:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the evidence presented at the hearing, I find that the complaint is well-founded. I recommend that the Respondent pay to the Complainant compensation in the sum of €2,153.45 in unpaid wages due to him. This sum should be paid within a period of six weeks from the date of this recommendation.

Decision in Relation to Complaint 2 Ref. No. CA- 00006653-002

As the Complainant is being paid more than the National Minimum Wage as is provided for under Section 14 of the 2000 Act, based on the evidence presented at the hearing, I find that this complaint is not well-founded and therefore fails.

Decision in Relation to Complaint 3 Ref. No. CA- 00006653-003

Based on the 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 €700 for breaches of Section 5(1) of the Terms of Employment (Information) Act, 1994.