ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009874
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00012909-001 | 01/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00012909-002 | 01/08/2017 |
Date of Adjudication Hearing: 17/11/2017
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Procedure:
(1)
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
In particular, the Complainant herein has referred a complaint of a contravention of Section 5 of the Payment of Wages Act, 1991. Pursuant to Section 6 of the said 1991 Act, in circumstances where the complaint is deemed to be well founded, compensation in the amount so specified may be awarded.
In a preliminary way, I am satisfied a Contract of Employment existed between the parties such that a wage defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment. I further find that the Complainant’s Workplace Relations Complaint Form dated the 1st of September 2017 was submitted within the time allowed.
(2)
In accordance with Section 8 (1)(a) of the Unfair Dismissals Act of 1977 (as amended) and where a claim for redress under the Unfair Dismissals legislation is being made, the claim is referred to the Director General of the Workplace Relations Commission who in turn refers any such claim to an Adjudication Officer, so appointed, for the purpose of having the said claim heard in the manner prescribed in Section 41 of the Workplace Relations Act, 2015 and in particular the said Adjudication Officer is obliged to make all relevant inquiries into the complaint. The Adjudication Officer will additionally and where appropriate hear all relevant oral evidence of the parties and their witnesses and will take into account any and all documentary or other evidence which may be tendered during the hearing.
Background:
At the outset, the Complainant withdrew the claim he has made under the Unfair Dismissals legislation. This is done without prejudice to his entitlement to bring fresh proceedings under this legislation. It is noted that the Complainant’s employment terminated on or about the 22nd day of July 2017 and the first six-month period post termination has not expired.
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Summary of Complainant’s Case:
The Complainant claims he was not paid his last week of work inclusive of shift pay. |
Summary of Respondent’s Case:
The Respondent did not appear at the hearing and I am satisfied the Respondent was served (at the correct address) with details of the hearing date. |
Findings and Conclusions:
The Complainant gave evidence in respect of the non-payment of his last week of work calculated to be 6 days of work and 8 hours of shift pay. |
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.
Pursuant to Section 6 of the said 1991 Payment of Wages Act, I find the complaint regarding the non-payment of the last week of wages herein to be well founded and I direct that the Complainant be paid the sum of €652.00 in respect of deductions made to date. In his submissions, the Complainant made further complaints regarding unlawful deductions in respect of Public Holidays and Annual leave payments and I allowed the Complainant to give evidence in respect of these matters. The Complainant’s annual leave entitlement (inclusive of public holidays) were not paid and the Complainant is to be paid €326.00 in respect of same.
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Dated: 15/03/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath