ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00016273
Parties:
| Complainant | Respondent |
Anonymised Parties | A window fitter | A construction firm |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021114-001 | 13/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021114-003 | 13/08/2018 |
Date of Adjudication Hearing: 10/10/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 13th August 2018, the complainant referred complaints pursuant to the Payment of Wages Act and the Organisation of Working Time Act. The complaints were scheduled for adjudication on the 10th October 2018. The complainant attended the adjudication and was assisted by an interpreter. At time the adjudication was scheduled to commence, it was apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication. Having been satisfied of this, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 41 of the Workplace Relations Act, 2015 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 worked for the respondent between the 14th May and 8th June 2018. He asserts that he was paid €16 per hour and worked 45 hours per week. He claims unpaid wages, notice pay and pay for accrued annual leave. |
Summary of Complainant’s Case:
The complainant worked as a window fitter for a building contractor. He worked for the respondent for one month but was only paid for one week. He was paid €520 for this week but received no pay slip. The complainant worked on Saturday and was entitled to overtime for this additional work. The complainant stated he was due three weeks of pay. He also seeks overtime for work on a Saturday from 7am to 4pm. His normal pay was €16 per hour and he worked 45 hours per week. The complainant’s employment ended when he received a text message from the respondent’s owner. The complainant seeks notice pay following this summary dismissal. In respect of the Organisation of Working Time Act claim, the complainant said that he did not receive annual leave during his employment. |
Summary of Respondent’s Case:
The respondent did not oppose this claim and did not attend the adjudication. |
Findings and Conclusions:
CA-000-21114-001 This is a complaint made pursuant to the Payment of Wages Act. The complainant asserts that he was not paid for three weeks he worked for the respondent. Given that he was paid €16 per hour and worked a 45-hour week, he had a weekly pay entitlement of €720. I find that the complainant is entitled to redress of €2,160 for the three outstanding weeks. He is also entitled to an additional day’s pay for the day of overtime he worked (an amount of €144). The total awarded to the complainant pursuant to the Payment of Wages claim is €2,304. As the complainant worked for the respondent for less than 13 weeks, he did not accrue a right to notice pay pursuant to the Minimum Notice & Terms of Employment Act. He did not have a contract of employment that entitled him to notice pay outside of the statute. For this reason, I cannot make an award for notice pay. CA-000-21114-003The complainant was not afforded annual leave during his employment with the respondent and nor was he paid cesser pay. The complainant accrued 1.5 days of statutory leave during his time working for the respondent. Given that annual leave is a health and safety measure arising from EU law, I award redress of €400 for the statutory breach. This is not an award of pay, or arrears in pay, but redress for a breach of a statutory right. |
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.
| CA-00021114-001
I find that the complaint made pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant redress of €2,304, less any lawful deductions. CA-00021114-003I find that the complaint made pursuant to the Organisation of Working Time Act is well founded and the respondent shall pay to the complainant redress of €400, which is redress for a breach of a statutory right and does not consist of pay or arrears of pay. |
Dated: December 10th 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act Notice pay Organisation of Working Time Act |