ADJ-00007654

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007654

Parties:

Complaints

Date of Adjudication Hearing: 03/08/2017

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 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.

Background:

The Complainant was employed from 25^th January 2016 until the employment terminated on 2^nd March 2017. The Complainant was paid €19.00 an hour and he worked on average 30 hours a week. The Complainant was not provided with a written statement of his terms and conditions of employment. The Complainant referred complaints to the Workplace Relations Commission on 21^st March 2017 alleging that the Respondent had breached Section 5 of the Payment of Wages Act, 1991 – 2015 in relation to payment of wages due on 2^nd March 2017 and two complaints under the Organisation of Working Time Act, 1997 – 2015 in relation to payment for accrued annual leave and payment of Public Holidays.

SUMMARY OF COMPLAINTANTS POSITION

Payment of Wages Act, 1991 – 2015. The Complainant stated that he had not been paid wages of €779.90 net due to be paid to him on 2^nd March 2017.

Organisation of Working Time Act, 1997 – 2015. The Complainant stated that the annual leave year was from January to December. He was entitled to 4 weeks annual leave for the 2016/2017 annual leave years. He stated that he was due accrued annual leave on termination of the employment of €1775.36 gross. The Complainant stated that while he did not work on Public Holidays, however he was never paid and he is claiming payment of €713.31 gross in respect of the October 2016 Public Holiday.

SUMMARY OF RESPONDENT’S POSITION

Payment of Wages Act, 1991 – 2015. The Respondent confirmed at the Hearing that the Complainant was due wages of €779.90 net as claimed.

Organisation of Working Time Act, 1997 – 2015. The Respondent confirmed that the Complainant was due annual leave and Public Holiday as claimed.

Findings

Payment of Wages Act, 1991 – 2015. I declare this complaint is well founded.

Organisation of Working Time Act, 1997 – 2015. I declare these complaints are well founded.

Decisions

PAYMENT OF WAGES ACT, 1991 – 2015 CA-00010325-001

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 €779.90 within 42 days of the date of this Decision.

ORGANISATIPON OF WORKING TIME ACT, 1997 – 2015. CA-00010325-002 AND CA-00010325-003

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare these complaints are well founded. The Respondent has breached Sections 21 (Public Holidays) and Section 23 (Accrued annual leave on termination of employment) I direct the Respondent to pay the Complainant –

-€1775.36 gross, subject to any lawful deductions, in respect of annual leave due on termination of the employment

- €713.31 gross, subject to any lawful deduction, and

-compensation of €500.00 for breaches of Sections 21 and 23 of the Act of 1997.

These sums to be paid to the Complainant within 42 days of the date of this Decision.

Dated:   14/09/17

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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