ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009936
Parties:
| Complainant | Respondent |
Anonymised Parties | Clerical Worker | Outsourcing Company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00012990-001 | 07/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00012990-002 | 07/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00012990-003 | 07/08/2017 |
Date of Adjudication Hearing: 11/10/2017
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andfollowing 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.
CA-00012990-001 upheld
CA-00012990-002 withdrawn at hearing
CA-00012990-003 upheld
Background:
The complainant worked for the respondent between the 1st June 2017 and the 14th of July 2017. She was paid €376.88 for 35 hours per week. She is claiming that she is owed wages and holiday pay. |
Summary of Complainant’s Case:
The complainant stated that her employment terminated on the 14th of July 2017, and that despite getting wages slips, the money was not transferred to her account by her employer. She claims she is owed one week’s wages for the week ending the 13th of July in the amount of €376.88 and one day’s wages for the 14th of July in the amount of €75.38. The complainant also stated that on the termination of the employment she requested her accrued annual leave entitlements which were refused. She said that she worked 35 hours per week. |
Summary of Respondent’s Case:
The respondent did not attend the scheduled hearing on the 11th of October 2017 |
Findings and Conclusions:
Payment of Wages Act, 1991 CA-00012990-01 In relation to the pay complaint, the complainant ticked the Organisation of Working Time Act, 1997. However, she stated on the complaint form that the reason for her complaint was “they didn’t pay me my last wages after I left the company.” I am satisfied therefore I can consider this complaint under the Payment of Wages Act, 1991. On the uncontested evidence of the complainant, I find that this complaint is well founded and that the respondent has breached section 5 of the Act. She is entitled to redress for one week and one day’s wages which amounts to €452.26 gross and €412.66 nett.
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Decision:
Section 41(5) 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.
Payment of Wages Act, 1991 – 2015 On the uncontested evidence of the complainant, I find that the respondent has breached section 5 of the Payment of Wages Act, 1991-2015. I direct the respondent to pay the complainant €412.66 nett. Organisation of Working Time Act, 1997 – 2015: In accordance with section 41(5) of the Workplace Relations Act, 2015 and on the uncontested evidence of the complainant, I find that this complaint is well founded. I direct the respondent to pay the complainant the sum of €186.99, subject to any lawful deductions, in respect of annual leave accrued on the termination of the employment and compensation in the amount of €100 for the breach of section 23 of the Act. |
Dated: 12/01/18
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Payment of Wages Act, 1991 -2015 – Section 5 breach. Organisation of Working Time Act, 1997-2015 – Annual Leave, breach of Section 23 |