ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013778
Parties:
| Complainant | Respondent |
Anonymised Parties | A Baker | A Bakery |
Representatives | Citizens Information Service |
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Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00018058-001 | 21/03/2018 |
Date of Adjudication Hearing: 16/10/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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:
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Summary of Complainant’s Case:
The complainant had been employed by the respondent as a baker and van delivery driver since October 15th, 2014 until his employment terminated on November 11th, 2017. His day would begin in the bakery and then he would set out on his deliveries. He was paid a fixed sum of €350.00 which was, in theory, to remunerate him for a fifteen-hour week. In fact, he generally worked for up to forty-five hours without additional remuneration and this represents considerably less than his entitlement under the National Minimum Wage Act. He complied with the statutory requirement at Section 27 to request a statement of his wages on January 17th, 2018. There was no reply. He states the underpayments as follows. From August 10th, 2016 when he was employed full time for six days, on a minimum of forty-five hours the payment of €365 per week represented an hourly rate of, at best €7.80 per hour; a deficit of €1.35 per hour on the national minimum wage. For the period in question, August 10th to December 31st, 2016 this equates to a loss of €1,215.00 When the national minimum wages increased on January 1st 2017 to €9.25 his hourly loss widened to €1.45 per hour and therefore for the period until the end of his employment (November 11th 2017) this gave rise to a further underpayment of €2925.00 His claim is for a total of €4140.00 in underpayment of his wages. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. No explanation was received for the failure to do so. |
Findings and Conclusions:
The complainant gave credible evidence of the deficit in the rates paid. I am also satisfied on the basis of his evidence and looking objectively at his workload that he worked the hours claimed. He has also met the requirement under Section 23 of the National Minimum Wage Act, 2000 and provided documentary evidence of having done so. His complaint succeeds. |
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.
I uphold complaint CA-00018058-001 and award the complainant €4140.00 in arrears of pay. |
Dated: 14/12/18
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
National Minimum Wage |