ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009715
Parties:
| Complainant | Respondent |
Anonymised Parties | Front of House Server | Restaurant |
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-00012747-001 | 24/07/2017 |
Date of Adjudication Hearing: 26/10/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 was employed f45rom 29th April 2017 until the employment terminated on 8th July 2017 with notice provided to the Complainant on 6th July 2017. The Complainant was paid €12.50 an hour and he worked 38 hours a week. The Complainant was not provided with a written statement of his Terms and Conditions of Employment. He referred a complaint to the Workplace Relations Commission on 24th July 2017 in relation to wages due to be paid to him on 2nd July 2017 and again on 9th July 2017. |
Summary of Complainant’s Case:
The Complainant stated that since the referral of his complaint he had been paid his wages due for 2nd July 2017 on 18th August 2017. He confirmed at the Hearing that he had been paid €400.00 - €300 on 18th August 2017 and a further €100.00 on 24th August 2017 in respect of wages due to him on 9th July 2017. He is claiming payment of €243.32 net in respect of wages due. The Complainant stated he worked 253.5 hours during the course of the employment. He was paid €212.25 gross in respect of annual leave due and he is claiming payment of €41.25 gross in respect of annual leave due. He is also claiming payment FOR THE June Public Holiday. He did not work but was not paid his entitlement. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing on 26th October 2017. |
Findings and Conclusions:
On the uncontested evidence of the Complainant and on the basis of the evidence provided at the Hearing I declare the complaint is well founded. The Complainant is entitled to payment of outstanding wages due in the value of €248.32 net The Complainant worked 253.5 hours during his employment x 8% = 20.28 annual leave hours due on termination of the employment x €12/50 an hour = €253.50. He was paid €212.25 gross. He is entitled to payment of the difference of €41.25 gross. The Complainant is entitled to payment for the June Public Holiday and is therefore entitled to payment of €190.00 gross in respect of this Public Holiday |
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.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 and on the basis of my findings above I declare the complaints are well founded. I direct the R3espondent to pay the Complainant the following within 42 days of the date of this Decision – - €248.32 net in respect of wages due and not paid on termination of the employment - €41`.25 gross, subject to any lawful deductions in respect of annual leave due and not paid on termination of the employment and - €190.00 gross, subject to any lawful deductions in respect of payment for the June 2017 Public Holiday. - These separate sums to be paid to the Complainant within 42 days of the date of this Decision. |
Dated: 18th January 2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin