ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00008792
Parties:
| Complainant | Respondent |
Anonymised Parties | A Crane Operator | A developer of wind energy |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00011545-001 | 24th May 2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011545-002 | 24th May 2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00011545-003 | 24th May 2017 |
Date of Adjudication Hearing: 25th August 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 24th May 2017, the complainant submitted complaints to the Workplace Relations Commission pursuant to the Organisation of Working Time Act and the Payment of Wages Act. The complaints were scheduled for adjudication on the 25th August 2017. The complainant attended in person and was represented by two representatives from Meath Citizens Information Service.
At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent company. I verified that the respondent was on notice of the time, date and venue of the adjudication. Having been satisfied as to service, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General of the Workplace Relations Commission, 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.
Background:
The complainant is a crane operator and worked for the respondent between the 3rd June and 28th November 2016. His pay was €295 per day. He seeks unpaid wages, pay for untaken annual leave and notice pay.
Summary of Complainant’s Case:
The complainant outlined that he worked as a crane operator for the respondent between the 3rd June 2016 and the 28th November 2016. He worked on sites where the respondent was developing wind energy projects. He was paid €295 per day and this was the rate of remuneration for the three crane operators. He outlined that his employment came to an end when his manager informed him that the Danish parent company was going into liquidation in that country. The complainant said that the Irish company had not gone into liquidation and that while his correspondence to the respondent at its registered address had been signed for, there was no response from the respondent to this claim. He exhibits email correspondence to staff of the Danish parent company.
The complainant outlines that he is owed notice pay of one week, holiday pay for two weeks and payment of wages for one week in advance and for 18 days worked between the 7th November 2016 and the 26th November 2016. He clarified that the date of contravention in relation to weeks 47 and 48 arose when he submitted the time sheets to the employer on the 28th November 2016.
Summary of Respondent’s Case:
The respondent did not attend the adjudication and did not make submissions to it.
Findings and Conclusions:
The evidence provided by the complainant is not controverted by the respondent. The complainant provided detailed documentation regarding what he was, and was not, paid. I find that the claims are well-founded. The first complaint relates to pay owed to the complainant by the respondent. In line with the complainant’s evidence, I find that the complainant is owed for 23 days of work, i.e. an amount of €6,785. In respect of untaken annual leave, I find that the complainant is owed €2,950. In respect of notice pay, the complainant is owed €1,475. The total owed by the respondent to the complainant is €11,210.
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.
CA-00011545-001
For the reasons outlined above, I find that the complaint made pursuant to the Payment of Wages Act in relation to remuneration is well-founded and the respondent shall pay the complainant redress of €6,785, less any lawful deductions.
CA-00011545-002
For the reasons outlined above, I find that the complaint made pursuant to the Organisation of Working Time Act in relation to cesser pay for untaken annual leave is well-founded and the respondent shall pay the complainant redress of €2,950, less any lawful deductions.
CA-00011545-003
For the reasons outlined above, I find that the complaint made pursuant to the Payment of Wages Act in relation to notice pay is well-founded and the respondent shall pay the complainant redress of €1,475, less any lawful deductions.
Dated: 26.10.2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act
Organisation of Working Time Act