ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005631

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-00007811-001	25/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00007811-002	25/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00007811-004	25/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984.	CA-00007811-005	25/10/2016

Date of Adjudication Hearing: 03/01/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

The complaint ref no . CA-00007811-005 under the Protection of Employees (Employer’s Insolvency)Act , 1984 has been deferred and will be rescheduled for a separate hearing.

Procedure:

In accordance with Section 41(4) 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).

Complainant’s Submission and Presentation:

I was employed as Office Assistance with the respondent . I attended work until 16.02.2016 and for that i have only received 1000.00 euro in cash. 953.21 euro for January and 1404.28 euro for February are still outstanding.

I have worked in the company for 3 months and never received any holiday/annual leave entitlement or information how much holiday i was owed.

I was only given one day notice of termination of my employment. Given to me on the 16.02.2016.

I was informed on the 11/10/2016 that the Official Assignee in Bankruptcy is unable to verify my claim for payment of wages arrears. Also that i should address my complaint to the Workplace Relations Commission who will make an adjudication on my claim.

The claimant worked as an Office Assistant with the respondent from the 7^th.Dec.2015 to the 16^th.Feb. 2016. She was paid €8.65 per hour and worked 39 hours per week. She submitted the respondent was in breach of the Payment of Wages Act for failing to pay her outstanding wages of €2,357.49. She further submitted the respondent was in breach of the Payment of Wages Act 1991 for failing to pay her notice on termination of her employment on the 17^th.Feb. 2016. The claimant further submitted that the respondent had breached the Organisation of Working Time Act 1997 by failing to pay her any holiday pay during the course of her employment.

The claimant submitted that she had initially understood her complaints could be processed by the Insolvency Dept. and only learned on the 11^thOctober 2016, that her complaints would have to be processed through the WRC. I am satisfied that the claimant had reasonable cause for the delay in making her complaint.

Respondent’s Submission and Presentation:

The respondent did not attend and was not represented at the hearing.

Payment of Wages Act 1991 Ref CA-00007811-001

On the basis of the uncontested evidence of the claimant I uphold her complaint regarding outstanding wages and require the respondent to pay her €2,357.49 within 42 days of the date of this decision.

Payment of Wages Act 1991 Ref CA-00007811-004

On the basis of the uncontested evidence of the claimant I uphold her complaint regarding the non payment of notice and require the respondent to pay her €346 within 42 days of the date of this decision.

Organisation of Working Time Act 1997 Ref CA-00007811-002

On the basis of the uncontested evidence of the claimant, I uphold her complaint regarding non payment of holidays and require the respondent to pay the claimant €1,543.69 for monetary loss and €350 compensation for this breach of the Act.

Dated: 3^rd May 2017