ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008458
Parties:
| Complainant | Respondent |
Anonymised Parties | A cleaner | A contract cleaning company |
Representatives | John Hennessy, Hennessy & Perrozzi Solicitors | Niamh Ni Cheallaigh, IBEC |
Complaints:
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-00011075-001 | 02/05/2017 |
Date of Adjudication Hearing: 11/12/2017
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, this complaint was assigned to me by the Director General. A hearing was arranged for December 11th 2017, for the parties to be given an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant commenced working with the respondent on July 12th 2016 and he resigned on October 27th 2016. He claims that he was not paid the correct rate of pay for hours worked on a particular assignment from October to December 2016. For the respondent, Ms Ní Cheallaigh said that the complainant was paid for all the hours he worked at the correct rate of pay. The respondent said that, if the complainant provides evidence of hours that he has worked for which he has not been paid, they will pay him the shortfall. The hearing adjourned to allow the complainant to review timesheets which were to be provided to Mr Hennessy by the respondent. I understand that on December 22nd, timesheets were sent to Mr Hennessy by Ms Ní Cheallaigh. On January 3rd, Mr Hennessy replied that his client was not satisfied with the response received and he said that intended to request a re-scheduled hearing. On March 20th 2018, I wrote to Mr Hennessy to ask him if his client was ready to proceed with the hearing, but got no reply. |
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.
As the complainant has failed to provide evidence to substantiate his complaint under the Payment of Wages Act, I conclude the investigation and find against the complainant. |
Dated:
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Payment of wages |