ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00015827

Complaint(s):

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-00020542-001	13/07/2018

Date of Adjudication Hearing: 01/11/2018

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

In particular, the Complainant herein has referred a complaint of a contravention of Section 5 of the Payment of Wages Act, 1991. Pursuant to Section 6 of the said 1991 Act, in circumstances where the complaint is deemed to be well founded, compensation in the amount so specified may be awarded.

In a preliminary way, I am satisfied a Contract of Employment existed between the parties such that a wage defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment. I further find that the Complainant’s Workplace Relations Complaint Form dated the 13th of July 2018 was submitted within the time allowed.

Background:

The Complainant worked with the Respondent Employer since 2006.

Summary of Complainant’s Case:

The Respondent implemented a new Payroll system in December of 2017 and it is conceded by the Respondent witness there were issues that needed to be ironed out in the initial phases of implementing this new payroll system. The Complainant’s case is that he worked the two week period between 1st and 14th of January 2018. The Complainant calculated that he had worked 84 hours in this period of time and yet his payslip only made provision for 71 hours at a rate of €11.05 per hour. There is a time and a half rate after the first 39 hours per week and there is a night shift allowance of €60.80.

In his evidence the Complaint calculated he lost 13 hours pay at a value of €143.00 and a lost Night Shift allowance. The Complaint is therefore looking for a payment of €193.00.

Summary of Respondent’s Case:

The Respondent witness said that he was aware of the problems had in bedding in the new system. He was of the view that the Payroll department had ensured that all Employees were paid their correct pay in the next payroll date on the 19th of January 2018. The Respondent is therefore of the view that all the Complainant’s entitlements have been discharged.

Findings and Conclusions:

There can be no doubt that both parties accept that there was a shortfall both in December 2017 and in the first two weeks of January 2018. The Respondent believed that had been discharged as of the 19th of January. The Complainant states that the figure paid is only a partial discharge and he is still owed €193.00.

I am mindful of the fact that neither the Complainant’s line Manager nor the person responsible for reconciling rosters with pay was not available to give evidence. Whilst the Respondent witness’ evidence was useful, it did not detail the specifics. I am also cognisant of the fact that a period of turbulence did occur. I am therefore satisfied that there was a shortfall in pay and that the Complainant’s complaint is therefore well founded.

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.

The Complainant herein has referred a complaint of a contravention of Section 5 of the Payment of Wages Act, 1991. The Redress permissible is set out in Section 6 of the said 1991 Payment of Wages Act - CA-00020542-001

I confirm that I deem the complaint herein to be well founded.

I award compensation in the sum of €195.00.

Dated: 06/12/2018

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL