ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006021

Complaint

Date of Adjudication Hearing: 02/08/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

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

BACKGROUND

The Complainant was employed from 24^th September 2015 until the employment terminated on 4^th August 2016. The Complainant worked 23 hours a week and she was paid €618.00 gross per month. The Complainant referred a complaint to the Workplace Relations Commission on 11^th October 2016 alleging the Respondent had breached the National Minimum Wage Act, 2000.

SUMMARY OF COMPLAINNAT’SPOSITION.

The Complainant stated that during the course of her employment she had not been paid the national minimum rate of pay. The Complainant presented evidence that she had complied with Section 23 of the Act whereby she had requested her average earnings and hourly rate of pay.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent stated that the Complainant had been employed initially as an apprentice hairdresser from 24^th September 2015 and in accordance with Section 5 of the Act she had not been paid the national minimum wage. However the Complainant decided in October 2015 that she did not wish to continue her apprenticeship and the Complainant was employed as a Salon Help. Due to an administrative error this change was not communicated to payroll and the Complainant continued to be paid the apprentice rate of pay.

The Complainant worked 3 days a week and she was paid €47.57 a day totalling 21 hours a week. This equates to an average hourly rate of €6.79 an hour. The Respondent has calculated the Complainant is owed €1844.09

FINDINGS AND CONCLUSIONS.

On the basis of the evidence from both Parties I find as follows.

There was no evidence presented to me to support the proposition of the Respondent that the Complainant was initially employed as an apprentice hairdresser. In fact the Contract of Employment of 8^th October 2015 presented post the Hearing shows that the Complainant was employed as a Salon Help effective from 24^th September 2015 and not sometime in October 2015 as alleged by the Respondent.

I was also provided with the payslips given to the Complainant from 23^rd October 2015 to 22^nd July 2016. These show as follows –

23/10/2015 payment of €618.71 for 99.67 hours = €6.21 an hour Nat Min Wage was €8.65

23/11/2015 payment of €618.71 for 99.67 hours = 6.21 an hour - Nat Min Wage was €8.65

23/12/2015 payment of €618.71 for 99.67 hours = €6.21 an hour – Nat Min Wage was €8.65

22/01/2016 payment of €€618.71 for 99.67 hours = €6.21 an hour – Nat Min Wage was €9.15

22/02/2016 payment of €618.71 for 99.67 hours = €6.21 an hour – Nat Min Wage was €9.15

22/03/2016 payment of €618.71 for 99.67 hours = €6.21 an hour – Nat Min Wage was €9.15

22/04/2016 payment of €618.71 for 99.67 hours =€6.21 an hour – Nat Min Wage was €9.15

20/05/2016 payment of €618.71 for 99.67 hours = €6.21 an hour – Nat Min Wage was €9.15

20/06/2016 payment of €618.71 for 99.67 hours = €6.21 an hour – Nat Min Wage was €9.15

20/07/2016 payment of €618.71 for 99.67 hours = €6.21 an hour – Nat Min Wage was €9.15

Both Parties confirmed that the Complainant worked 3pm to 9pm on a Thursday – 9am to 6pm on Friday and 9am to 5pm on Fridays

The evidence from the payslips show that the Complainant was paid €6187.00 when she should have been paid the National Minimum Wage of either €8.65 an hour or €9.15 an hour effective from 1^st January 2016. = €8970.30 = a difference of €2783.20

DECISION CA-00008133-001

In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant the sum of €2783.20, subject to any lawful deductions within 42 days of the date of this Decision.

I also direct the Respondent to pay the Complainant expenses of €200.00 as provided for at Section 26(1)(a)(ii) of the National Minimum Wage Act, 2000. This sum to be also paid to the Complainant within 42 days of the date of this Decision.

DATED: 28/09/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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