ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013980
| Complainant | Respondent |
Anonymised Parties | Plumber | Plumbing Services. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00018357-001 | 06/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018357-002 | 06/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018357-003 | 06/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018357-004 | 06/04/2018 |
Date of Adjudication Hearing: 26/06/2018
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 with the Respondent from 27th February 2017 until the employment was terminated by the Complainant on 16th March 2018. The Complainant was paid €350.00 gross per week and he worked 40 hours a week. The Complainant referred complaints to the Workplace Relations Commission on 6th April 2018 alleging the Respondent had breached the Terms of Employment (Information) Act, 1994 and the Payment of Wages Act, 1991.
SUMMARY OF COMPLAINANT’S POSITION.
The Complainant terminated his employment with the Respondent by letter dated 13th March 2018 and the employment terminated on 16th March 2018.
The Complainant stated that the Respondent had breached the Terms of Employment (Information) Act, 1994 in that he was never provided with a written statement of his Terms and Conditions of Employment. He further stated the Respondent had breached the Payment of Wages Act, 1991 when he made unlawful deductions of €80.00 by way of a “fine” and a deduction of £260.00 specified as “deductions” on his payslip dated 20th March 2018. He stated that he was only paid for one day’s wages through his Bank Account on 15th March 2018 when he had worked a full week and he is claiming payment of the outstanding balance of £233.33 net.
The Complainant provided copies of the exchange of emails post his termination in relation to these deductions.
SUMMARY OF RESPONDENT’S POSITION.
The Respondent did not attend the scheduled Hearing on 26th June 2018.
FINDINGS AND CONCLUSIONS.
Payment of Wages Act, 1991
On the basis of the evidence and on the uncontested evidence of the Complainant I find as follows –
Section 5(1) of the Payment of Wages Act, 1991 provides as follows – “An employer shall not made a deduction from the wages of an employee…..unless (a) the deduction…is required or authorised to be made by virtue of any statute or any instrument made under statute (b) the deduction…is required or authorised to be made by virtue of a term of the employee’s contract of employment included in the contract before, and in force at the time of the deduction…or (c) in the case of a deduction, the employee has given his prior consent in writing to it”.
The evidence in relation to his wages for week ending 13/3/2018 shows the Complainant was paid a basic wage of £116.67 when he had worked a full week. The evidence also was that the Complainant was deducted £80.00 for a fine. The Complainant confirmed that he had not been notified of this deduction and was unaware of what it was for.
The evidenced in relation to payment of wages for week ending 20th March 2018 shows Basic Pay of £350.00 gross with £175.00 being Holiday/other due to the Complainant giving a total of £525.00 gross. The payslip also shows deductions of £260.00 which the Complainant stated he had not been informed in writing of the deduction or the reason for it.
I find the Respondent has breached Section 5 of the Payment of Wages Act, 1991.
Terms of Employment (Information) Act, 1994.
On the uncontested evidence of the Complainant I find the Respondent has breached Section 3 of the Act when he failed to provide the Complainant with a written Statement of Terms and Conditions of Employment within 2 months of the commencement of the employment.
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.
Payment of Wages Act, 1991 – 2015 CA-00018357-002-003-004
On the basis of the evidence, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaints are well founded. I direct the Respondent to pay the Complainant –
£233.33 net in respect of unpaid wages for week-ending 13th March 2018 –
£80.00 net for the unlawful deduction in respect of a “fine” and
£260.00 net in respect of an unlawful deduction from his wages week ending 20th March 2018.
These sums of £573.33 to be paid to the Complainant within 42 days of the date of this Decision.
Terms of Employment (Information) Act, 1994 CA-00018357-001
On the basis of the evidence, on the uncontested evidence of the Complainant and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaint is well founded. I direct the Respondent to pay the Complainant compensation of £600.00 within 42 days of the date of this Decision.
Dated: 27th August 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Terms of Employment – no contract – complaint well founded. Payment of Wages Act – unlawful deductions – complaints well founded. |