ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008224

Parties:

Complaints

Date of Adjudication Hearing: 17/08/2017

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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.

The Complainant was reemployed from 1^st April 2015 until the employment terminated on 31^st October 2016. The Complainant was employed as a Driver and was paid €10.00 an hour for 40 basic hours a week and €11.00 an hour when he worked overtime. The Complainant stated he was not provided with a written statement of his Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission (WRC) on 25^th April 2017 alleging the Respondent had breached Section 5 of the Payment of Wages Act, 1991 – 2015 in relation to wages of €3162.00 and Annual Leave. He submitted a second complaint to the WRC on the same date alleging the Respondent had breached Sections 21 and 23 of the Organisation of Working Time Act, 1997 – 2015 in relation to Public Holiday on 31^st October 2016 and his annual leave entitlements on termination of his employment.

The Complaints under both the Payment of Wages Act, 1991 – 2015 and the Organisation of Working Time Act, 1997 – 2015 in relation to his annual leave complaints, were withdrawn at the Hearing as the Complainant verified at the Hearing that he had been paid his accrued annual leave on 28^th November 2016

SUMMARY OF COMPLAINNAT’S POSITION.

Payment of Wages Act, 1997 – 2015.The Complainant is claiming payment of wages of 168 hours @€10.00 an hour and 61 hours @ €11.00 an hour due to be paid to him on 28^th November 2016.

Organisation of Working Time Act, 1997 – 2015. The Complainant is claiming payment of €80.00 for the Public Holiday on 31^st October 2016. The Complainant stated he did not work on this Public Holiday but was not paid.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 17^th August 2017.

On the basis of the evidence and the uncontested evidence of the Complainant I find as follows:-

Payment of Wages Act, 1991 – 2015. I have examined the payslips provided to me at the Hearing. These show that the Complainant was paid €1360.00 gross on 19^th October 2016 = 136 hours @ €10.00 an hour. He was paid €240.00 gross on 28^th November 2016 being the balance due to the Complainant in respect of wages due for October 2016 = 24 hours @ €10.00 an hour. This is equal to 160 hours worked and paid for October 2016. The Complainant provided the Hearing with a spreadsheet of all hours worked in October 2016 which shows the Complainant worked a total of 168 basic hours and 61.45 hours overtime. I have examined the payslips and some show that the Complainant was paid €11.00 an hour for hours worked in excess of 40 hours a week.

I find that the Complainant was paid for 160 basic hours at €10.00 an hour with 160 hours paid on 23^rd October 2016. 24 hours paid on 28^th November 2016. I find the Complainant is due to be paid for 8 hours @€10.00 an hour = €80.00

I find the Complainant, according to the spreadsheet provided to me worked 61.45 minutes in excess of his basic hours to be paid @ €11.00 an hour = €675.95 gross

Organisation of Working Time Act, 1997 – 2015. On the basis of the evidence of the Complainant I find that the Complainant’s employment terminated on 31^st October 2016 in accordance with the P45 provided to me at the Hearing. The Complainant confirmed he did not work on this Public Holiday but alleged he had not been paid for that day. Section 21 of the OWTA 19917 – 2015 provides that and employee is entitled to whichever of the following his or her employer determines, namely – (a) a paid day off on that day (b) a paid day off within a month (c ) an additional day of annual leave (d) an additional days pay. The Complainant was not scheduled to work on that October Public Holiday Monday but stated he was not paid. I find the Complainant is entitled to payment of 8 hours pay @ €10.00 an hour = €80.00

PAYMENT OF WAGES ACT, 1991 – 2015 CA-00010952-001. In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaint is well founded in part. I direct the Respondent to pay the Complainant the sum of €755.95 gross, subject to any lawful deductions, within 42 days of the date of this Decision.

ORGANISATION OF WORKING TIME ACT, 1997 – 2015 CA-0000100952-002. In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaint is well founded. I direct the Respondent to pay the Complainant - €80.00 gross in respect of payment for the Public Holiday of 31^st October 2015 and I direct the Respondent to pay the Complainant compensation of €100.00, for breach of Section 21 of the Act . These sums to be paid to the Complainant within 42 days of the date of this Decision.

Dated:   5 October 2017

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