ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012734
Parties:
| Complainant | Respondent |
Anonymised Parties | Security Officer | Security Company |
Complaint:
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-00016808-001 | 14/01/2018 |
Date of Adjudication Hearing: 10/04/2018
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 20th December 2017 until 31st December 2017. She was paid €11.05 an hour and she worked 31 hours a week. The Complainant was provided with a written statement of her Terms and Conditions of employment signed and dated on 20th December 2017. The Complainant referred a complaint to the Workplace Relations Commission on 14th January 2018 in relation to an alleged breached of Section 5 of the Payment of Wages Act, 1991 – 2015. |
Summary of Complainant’s Case:
The Complainant in her complaint form is claiming payment of wages due on termination of her employment of €342.55. The Complainant confirmed at the Hearing on 10th April 2018 that the following had been paid into her Bank Account =- €38.12 paid on 12th January 2018 and €300.00 paid on 17th January 2018. She had also been paid for 12.5 hours annual leave on 17th January 2017. |
Summary of Respondent’s Case:
The Respondent stated that the Complainant had been paid all her wages and annual leave entitlements in January 2018 after the employment had terminated on 31st December 2017. The Respondent confirmed that the Complainant had been paid a total of €338.12 in two Bank Transfers on 12th and 17th January 2018. The Respondent acknowledged that the Complainant had been late in having her wages paid by some days and claimed that in fact she had been overpaid by €43.79 |
Findings and Conclusions:
On the basis of the evidence from both Parties at the Hearing I find that the Complainant has been paid her wages and accrued annual leave due on termination of her employment. |
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.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is not well founded. The Complainant has been paid her wages and accrued annual leave due on termination of the employment on 31st December 2017. It must be acknowledged that the Complainant referred her complaint to the WRC on 14th January 2018, some 3 days prior to the Respondent making a payment of €300.00 net on 17th January 2018 |
Dated: August 27th 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Wages and Accrued Annual Leave on termination of Employment – Paid after the Complainant had lodged her complaint. |