ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00006729

Parties:

 Complainant    Anonymised Parties    Respondent

A Driver                                                  A Recruitment Agency  

Representatives    

Complaint(s):

ActComplaint/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-00009167-001 18/01/2017  

Date of Adjudication Hearing: 15/06/2017 Workplace Relations Commission Adjudication Officer: Ian Barrett

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act 1991, 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, a Driver, was contacted by the Respondent, a recruitment agency, at 10pm on the evening of Wednesday the 7th December 2016. He was asked to cover a shift the following day, driving for a Dublin based waste disposal company. He stated that he was asked to arrive at their depot at 5.30am and work a 12-hour shift, 6am to 6pm, paid at an hourly rate of €20.   This premium rate was agreed due to the short notice, he stated. While he was told that the employment would likely continue for one month, to cover the Christmas and New Year period, he accepted that the €20 per hour rate applied to the 8th December only, and after that, “we would see how we go”.

Summary of Complainant’s Case:

The Complainant stated that on the following day prior to finishing his shift at 6pm he was asked by an employee of the waste disposal company to stay on until 10pm. He also received a phone call from the employment agency asking if he would start the following morning at 4am. He declined both requests and left the depot at 6.15pm. Later that evening he received a phone call from the employment agency telling him that he would not be required to work on the following day or thereafter. On the 16th December, he was paid €143.80 for the hours worked on the 8th December, the equivalent of €11.55 per hour for 12.45 hours. He reiterated that his agreement for that day had been a rate of €20 per hour. The Complainant submits that he made a number of unsuccessful attempts, by telephone and email, to contact the employment agency to resolve the matter.

Summary of Respondent’s Case:

The Respondent was not present at the hearing.

Findings and Conclusions:

I asked the Complainant to state briefly the facts of the case and present any evidence at his disposal. As the Respondent was not present and therefore unable to contradict the Complainant’s evidence, I have accepted the Complainant’s version of events as true. I find that the Complainant was paid less than the amount owed to him, the shortfall being €105.20. This shortage can be regarded as a deduction under the Payment of Wages Act, which is unlawful.

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 award the Complainant compensation in the sum of €250 for the contravention of the Payment of Wages Act, which I have found to have occurred. This award is exempt from tax by virtue of the relevant provisions of Section 192 A Taxes Consolidation Act 1997.    

Dated:   30th January 2018              Workplace Relations Commission Adjudication Officer: Ian Barrett