ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008970
Complaint:
|
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-00011808-001 | 09/06/2017 |
Date of Adjudication Hearing: 28/08/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant was employed as a General Operative from 9th to 11th May 2017. Her rate of pay was €9.25 per hour. She has claimed that she was not paid for the hours worked. |
Summary of Complainant’s Case:
The Complainant stated that she worked on 9th, 10th and 11th May 2017, a total of 18 hours. She did not get any wages. She has claimed 18 X €9.25 = €166.50. |
Summary of Respondent’s Case:
The Respondent stated that she was offered employment and would have to work two shifts and if deemed suitable she would be paid for these shifts. If she was not deemed suitable she would not be paid for them. She was unsuitable but unfortunately her manager failed to tell her this and she worked a third shift. She worked a total of 18 hours. They offered to pay her for 10 hours as a gesture and required her PPS No but she never gave it to them. They stated that this system of checking suitability is used for all new staff. |
Findings and Conclusions:
I note that the Complainant worked a total of 18 hours. I note the arrangement that the Respondent applied to her in assessing her suitability. I find that the Complainant worker 18 hours and so should have been paid for 18 hours. I find this practice of trialling persons and only paying them if they are deemed suitable is unlawful. A worker is entitled to their wages. I find that these wages owing to the Complainant are properly payable within the meaning of the Payment of Wages Act. I find that she is entitled to 18 X €9.25 = €166.50 gross less statutory deductions. |
Sec 6(2) of this Act states, “the commissioner shall order the employer to pay to the employee compensation of such an amount … not exceeding (a) the net amount of wages”
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the Respondent has breached Sec 5 of this Act.
I order the Respondent to pay the Complainant €166.50 less statutory deductions within six weeks of the date below.
Dated: 04/10/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Wages not paid during a suitability assessment |