ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015979
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-00020694-002 | 22/07/2018 |
Date of Adjudication Hearing: 23/10/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 is employed as a Sales Adviser since 16th March 2018. He is paid €9.75 per hour and works a minimum of 15 hours per week. He has claimed that he is owed wages. |
Summary of Complainant’s Case:
The Complainant stated that between March and August 2018 his wages were incorrect. Also he was not paid in time. For the months of March, April and May he worked 317.5 hours in that period, he should have been paid €3,095.62. Instead he received €2,817.93. He wa due €277.69. He raised this with his manager, the area manager and he raised a formal grievance, but the matter still has not been resolved. The non-payment of this amount has had a personal impact regarding his medical card. This has caused much stress in his life. |
Summary of Respondent’s Case:
The Respondent’s representative stated that the Complainant is paid an annual salary and not hours worked per period. This has led to some confusion. Salary is paid monthly and the overtime is based on the period of 13th to 12th. For April 2018 the instruction to Payroll was incorrect. A value for overtime was deducted instead of being paid. After an advance payment was made he was still underpaid by €280.32. For May 2018 the shortfall was not added to his wages. Due to errors he received €83.20 instead of €994.50, a total underpayment of €1,274.82 then existed. An attempt to correct this failed. By 5th June €241.62 was owing. After payments in 29th June and 6thMarch he was due €253.33. €241.13 had been taken in statutory deductions leaving €12.20 outstanding. Payment for the remainder were correct. |
Findings and Conclusions:
I find that claims under the Payment of Wages Act may only address illegal deductions from wages, which includes under payment. I have examined the payments made and the explanations given by the Respondent. I find that system remarkably complex for a process that should be very straightforward. I find the errors made in processing payroll totally unacceptable. However, an analysis of the payments and corrections made I find that there is an outstanding amount of €12.20 (€235.33 - €241.13) owing. |
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 have decided that this complaint is well founded in part only.
I have decided that the Respondent has underpaid the Complaint by €12.20.
I have decided that the Respondent has breached Sec 5 of this Act.
I require the Respondent to pay the Complainant €12.20.
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Dated: 07/12/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Owed wages |