ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013636
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner | An Employer |
Representatives |
| Did not attend |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Request for an investigation by a Workplace Relations Commission Inspector under the Organisation of Working Time Act, 1997 | CA-00017287-001 | 05/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017923-001 | 13/03/2018 |
Date of Adjudication Hearing: 01/05/2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Payments of Wages Act, 1991 and Organisation of Working Time Act, 1997following 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 commenced employment with the respondent on 1 May 2014 under the company name of Rombis Cleaning Ltd. On 1 February 2017, the company changed to the current company name. The complainant was employed as a cleaner with the respondent. She states that her hourly rate of pay was €10.05. |
Summary of Complainant’s Case:
The complainant states that she was not paid for hours worked in December 2017 and January 2018 nor was she paid for the first 8 days of February 2018 which she had worked. The last payslip she received was in November 2017. The complainant also submits that she was not paid for annual leave which she was entitled to. |
Summary of Respondent’s Case:
The respondent did not engage with the WRC nor did it attend the hearing. I am satisfied that the letter regarding the date of hearing was sent to the respondent’s correct address. |
Findings and Conclusions:
Payment of Wages Act On the day of hearing, the complainant submitted that she was owed wages by the respondent as follows; December 2017 - 128 hours = €1,280 January 2018 – 123 hours = €1,230 February 2018 – 22 hours = €220
I am satisfied based on the uncontested evidence of the complainant that she is entitled to €2730 following the breaches by the respondent under the Payment of Wages Act.
Organisation of Working Time Act The complainant submitted that the respondent did not provide her with her annual leave/ holidays as follows; From 1 January 2017 – 31 December 2017, the complainant is entitled to 158 hours Respondent only paid her for 54 hours therefore complainant maintains that she is entitled to be paid the balance of 104 hours. I am satisfied based on the uncontested evidence of the complainant that she is entitled to be paid compensation in the amount of €1040 in respect of breaches by the respondent under the Organisation of Working Time Act.
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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 the Acts.
Payment of Wages Act I am satisfied based on the uncontested evidence of the complainant that she is entitled to be paid compensation in the amount of €2730 following the breaches by the respondent under the Payment of Wages Act.
Organisation of Working Time Act I am satisfied based on the uncontested evidence of the complainant that she is entitled to compensation in the amount of €1040 following the breaches by the respondent under the Organisation of Working Time Act.
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Dated: 13-12-2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh