ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006847
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Worker} | {A Components Company (in voluntary liquidation)} |
Representatives |
| Martin V. Ferris Ferris & Associates |
Complaint(s):
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-00009290-001 | 25/01/2017 |
Date of Adjudication Hearing: 05/04/2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 worked with the Components company from 10th October 2016. He did not have a written contract of employment. He was informed that the company was in liquidation on 5th January 2017. He had 12 week’s service with the company. |
Summary of Complainant’s Case:
The Complainant returned to work after Christmas on Tuesday 3nd January 2017 and was told to return on 5th January. On 5th January 2017 he was informed the company was in liquidation. The Complainant seeks payment of public holidays for 25 and 26 December 2016, holidays due for 12 weeks of work of 4.5 days and payment of wages up to 5 January 2017 which totals 8 days. He is paid 632 euro gross weekly. |
Summary of Respondent’s Case:
The Respondent is the Liquidator of the company who was appointed on 9th March 2017. The Complainant is paid 632 euro gross weekly and was underpaid by 62.01 euro in error recently. The Complainant is due arrears of salary for 2-5 January 2017 (505.60 euro gross). He is not entitled to notice as he is only employed for 12 weeks. The Complainant was employed from 10th October 2016 to 5 January 2017. He is entitled to 5 days annual leave pro-rata. He took 3.5 days and is due 1.5 days (189.60 euro gross). The Complainant is due statutory leave for 25th December 2016 and 1 January 2017 in addition. |
Findings and Conclusions:
I have heard the evidence submitted by the parties and considered the written submissions. The Complainant was employed by the Company from 10th October 2016 to 5 January 2017. It is accepted he is due 62.01 euro underpaid in error. I find the Complainant received 3.5 day’s holiday pay and is entitled to a further payment of 1.5 days for holidays due which is 189.60 euro gross. Based on the evidence heard, I find the Complainant is also due payment for public holidays on 25, 26 December 2016 and 1 January 2017 which is 379.20 gross. I find the Complainant is due arrears of salary for 2-5 January 2017 which is 505.60. In addition, I award compensation of 1 additional week’s wages of 632 euro gross. |
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 find the complaint is well founded and direct payment by the Respondent of the underpayment of wages of 62.01 euro, and 8.5 days of 126.40 euro daily wage. I addition, I award one further weeks’ wages of 632 euro gross compensation to the Complainant for the breaches totalling 1,768.41. |
Dated: 8th June 2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Annual leave owed, public holidays owed, liquidation |