ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009111

Parties:

Complaint

Date of Adjudication Hearing: 06/09/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

The Complainant was employed from 1^st November 2016 until the employment terminated in June 2017. The Complainant had been recruited on a Fixed-Term Contract of Employment on an annual salary of €25,000.00 and working 35 hours a week. The Complainant referred a complainant to the Workplace Relations Commission on 18^th June 2017 alleging the Respondent had breached Sefton 5 of the Payment of Wages Act, 1991 – 2015 and she is claiming payment of €1250.00 which she alleged was due to be paid to her on 20^th May 2017.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant was employed on a Fixed-Term Contract of Employment commencing on a salary of €25,000.and effective from 1^st November 2016 and due to expire in April 2017. During the course of this Contract the Complainant stated that her workload increased considerably and following discussions with the Respondent she was offered a new Contract of Employment commencing on 1^st May 2017 on an increased salary of €34,000.00. This Contract was due to expire on 31^st July 2017. The Complainant resigned in June 2017. The Complainant alleged that following discussions between her and the Respondent that she had been promised back pay from January to April 2017 based on her new salary of €34,000 rather than on the proposal of the Respondent to pay back money on a salary of €28,000. This was not acceptable to her. She stated that when she received her payslip for May she noted she had been paid back pay of €1000.00 based on an annual salary of €28,000. She emailed the Respondent that this was not acceptable to her. The Respondent confirmed by email dated 28^th May 2017 that this had not been authorised as they were awaiting a response from the Complainant in relation to the payment offer. The Complainant is claiming payment of €1250.00 back pay based on her new salary of €34,000 rather than the offer of €28,000 of the Respondent. The Complainant confirmed at the Hearing she had not been paid €1000.00 as per her payslip.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent stated there was no contractual basis for payment of back money on a new Contract of Employment offered to the Complainant to commence on 1^st May 2017. The Respondent stated that yes there had been discussions between the Parties in relation to the new contract and back money to be paid in recognition of the Complainant’s work with the Respondent from January to April 2017. The Respondent stated that although the €1000.00 back money based on a salary of €28,000 had been specified in her payslip of May 2017 this was never paid as it had not been authorised as an offer had been made to the Complainant and she was to consider this and revert to the Respondent.

FINDINGS AND CONCLUSIONS.

Section 5 (1) of the Payment of Wages Act, 1991 provides that an Employer shall not make a deduction from the wages of an employee unless – “(a)the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee’s contract of employment included in the contract before, and in force at the time of the deduction or payment”

Both Parties confirmed at the Hearing that there was no written agreement as to the basis for payment of any back money and the Contract signed by the Complainant on 4^th May 2017 makes no reference to any agreement in relation to the mechanism for payment of any agreed back money. The exchange of emails between the Parties at the end of May 2017 also confirmed the absence of any agreement.

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.

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

Dated:   16/11/17

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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