ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010110
Parties:
| Complainant | Respondent |
Anonymised Parties | Security Officer | Security Company |
Representatives |
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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-00013216-001 | 21/08/2017 |
Date of Adjudication Hearing: 16/11/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 has been employed with the Respondent Company, as a Security Officer, from 31st May 2015. The Complainant is paid €11.05 an hour and he works 80 hours over two weeks. The Complainant referred a complaint to the Workplace Relations Commission on 21st August 2017 alleging the Respondent had breached the Payment of Wages Act, 1991 – 2015 in relation to payment of all hours worked in May and June 2017. He is claiming payment of outstanding wages of €243.10 |
Summary of Complainant’s Case:
The Complainant presented evidence to the Hearing in relation to payslips received and also his Bank Statements which show a shortfall in wages paid to him There was 10 hours short in his wages week-ending 26th May 2017 and 11 hours short in payment of his wages for week-ending 2nd June 2017. The Complainant also stated that further complaints had been submitted covering other issues, however these had not been referred to the Adjudication Officer for hearing on 16th November 2017. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled Hearing on 16th November 2017 |
Findings and Conclusions:
On the basis of the evidence presented to the Adjudication Officer at the Hearing I find is due payment of 10 hours at €11.05 an hour for week-ending 26th May 2017 and he is due payment of 11 hours at €11.05 an hour week-ending 2nd June 2017. I have calculated the Complainant is due payment of 21 hours at €11.05 an hour = €232.05, subject to any lawful deductions. |
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.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 and in view of my findings above I declare the complaint is well founded. I direct the Respondent to pay the Complainant the sum of €232.05, subject to any lawful deductions within 42 days of the date of this Decision. |
Dated: 25th January 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words: Payment of Wgesd. Shortfall of €232.05 in wages due May and June 2017.
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