ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007760
Parties:
| Complainant | Respondent |
Anonymised Parties | Service Engineer | Employment Agency |
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-00010408-001 | 24/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010408-002 | 24/03/2017 |
Date of Adjudication Hearing: 01/08/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Claimant is seeking entitlement under the Payment of Wages Act and the Organisation of Working Time Act. |
Summary of Complainant’s Case:
On Commencement of employment, the Claimant claimed that agreed that on top of normal pay that he would receive a bonus payment (average being €5,500 per year). However he did not receive any bonus payment. He did not agree to any changes in his terms of employment in regard to a bonus nor that the Respondent could deduct this bonus payment from his wages. This is an unlawful deduction and he is seeking payment of €951.00 He also claimed he did not received payment in respect of annual leave. A balance of 6.72 days are due. |
Summary of Respondent’s Case:
The Respondent stated that the Claimant was employed by them from November 2016 until January 2017 under a Mobile Worker Agreement (MWA). There is no clause in this agreement to provide for a bonus. The Claimant has been paid all his entitlement except the holidays due which amounts to €71.90 gross. The Respondent is willing to pay this amount |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions made by both parties. The Claimant did provide any documentation to show that a bonus was part of his WMA contract. Therefore I do not find this claim well founded and it fails The Respondent accepts that the Claimant is owed €71.90 on outstanding holiday. The Claimant should paid this forthwith. |
Dated: 16th March 2018
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
Holiday Pay |