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-00012399-001

10/07/2017

The Complainant was employed by the Respondent from 6th December 2016 until the employment terminated on 1st July 2017. The Complainant was paid €10.00 an hour and she worked 40 hours a week. The Complainant had been provided with a written statement of her Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission on 10th July 2017 claiming unpaid wages and annual leave entitlements on termination of the employment. She also is claiming payment of her minimum notice entitlements.

The Complainant is claiming payment of wages of €365.11 which she confirmed at the Hearing has now been paid to her on 28th July 2017. She is claiming payment of €568.82 annual leave and public holiday entitlements. The Complainant confirmed at the Hearing that she had been paid €5.00 on 14/8/2017 - €7.00 on 8/9/2017 and €10.00 on 14/9/2017. The Complainant confirmed that she worked from Tuesday to Saturday each week and that the Salon was closed each Monday. She is claiming her Public Holiday entitlements for Easter Monday – May and June Public Holidays. She stated that she had tendered her resignation to her Employer.

The Respondent confirmed at the Hearing that the Complainant was entitled to payment of outstanding annual leave entitlements. But stated she was only in a position to pay this on a phased basis. She confirmed the Salon was closed each Monday and that therefore the Complainant was not entitled to payment of Public Holidays. The Respondent confirmed it was the Complainant who had terminated the employment.

On the basis of the evidence presented to me at the Hearing I find as follows –

Wages – both Parties confirmed that the Complainant had been paid all her wages due on termination of the employment and that this had been paid to her on 28th July 2017.

Annual Leave.- The Complainant worked 40 hours a week and she was employed for 48 weeks = 1920 hours worked x 8% = 153.60 . The Complainant confirmed she had been paid for 4 days annual leave taken during the course of the employment. I find the Complainant is entitled to payment of 121.6 hours annual leave which was not paid. Both parties confirmed the Complainant had been paid a total of €22.00 net between 14/8/2017 and 14/9/2017. I find the Complainant therefore is entitled to payment of the balance of €1216.00 minus the € 22.00 net paid to her between August and September 2017        

Public Holidays.-Section 21 of the Organisation of Working Time Act, 1997 – 2015 governs an employee’s entitlement to payment of a Public Holiday by either (a) a paid day off on the day (b) a paid day off within a month (c) an additional day of annual leave (d) an additional day’s pay. Both Parties confirmed that the Respondent did not provide the Complainant with her entitlements under Section 21 in relation to three Public Holidays – Easter Monday – first Monday in May and June. I find the Complainant is entitled to payment of 3 day’s pay in respect of these three Public Holidays.

The Complainant confirmed that she had terminated the employment. Therefore, in accordance with the Minimum Notice and Terms of Employment Act, 1973 I find the Complainant is not entitled to payment of Minimum Notice.

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 in part. I direct the Respondent to pay the Complainant the following –

Annual Leave – €1216.00 minus the €22.00 net already paid to the Complainant.

Public Holidays - €240.00 in respect of three Public Holidays and

Compensation of €800.00 for Breaches of Sections 19 and 21 of the Act.

These sums to be paid to the Complainant within 42 days of the date of this Decision.

Annual Leave and Public Holiday entitlements on termination of employment.