ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010239
Parties:
| Complainant | Respondent |
Anonymised Parties | Cleaner | Cleaning Services provider |
Representatives | Self-represented | Did not attend |
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-00013322-001 | 26/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00013322-002 | 26/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00013322-003 | 26/08/2017 |
Date of Adjudication Hearing: 06/11/2017
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
Complainant commenced employment with the respondent on 18/5/17, working 40 hours a week, earning €383 gross per week and €358 net as a cleaner. The respondent did not provide her with a contract but she verbally agreed to work 40 hours a week. The complainant left her employment with the respondent on 14/7/17 to take up another position. The complainant presented 3 complaints to the WRC on 26/8/2017. |
Summary of Complainant’s Case:
1.CA -00013322-001. Complaint under section 6 of The Payment of Wages Act, 1991. The complainant states that while she received a pay slip, furnished to the hearing, she did not receive her weekly wage of €439 which included her basic plus 6 hours’ overtime, due on 13/7/17. 2.CA -00013322-002. Complaint under section 6 of The Payment of Wages Act, 1991 The complainant states that she did not receive the sum of €53.88, (I days’ pay for the 14/7/17), due to the complainant on the 20/7/17. 3.CA- 00013322-002. Complaint under section 27 of the Organisation of Working Time Act, 1997 The complainant states that she received no holiday entitlement in respect of her employment. Her cumulative hours on her pay slip dated 20/7/17 indicate that she worked 8.14 weeks.
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Summary of Respondent’s Case:
The respondent did not attend the hearing. No submission was received from the respondent. |
Findings and Conclusions:
1.CA -00013322-001. Complaint under section 6 of The Payment of Wages Act, 1991. Based on the uncontested evidence of the complainant, I find that the respondent was in breach of section 6 of the Payment of Wages Act. I decide that the respondent should pay the complainant the unpaid weekly wage of €439 due on the 13/7/17. 2.CA -00013322-002. Complaint under section 6 of The Payment of Wages Act, 1991. Based on the uncontested evidence of the complainant, I find that the respondent was in breach of section 6 of the Payment of Wages Act, 1991. I decide that the respondent should pay the complainant the sum of €53.88, the daily wage for the 14/7/17, and due on 20/7/17. 3.CA- 00013322-003. Complaint under section 27 of the Organisation of Working Time Act, 1997. Based on the uncontested evidence of the complainant, I find that the respondent is in breach of section 19 of the Organisation of Working Time Act,1997. In accordance with section 19(1)(c) of the 1997 Act, I decide that the respondent should pay the complainant the sum of €246 (26.68 hours x €9.25- the hourly rate paid to the complainant). |
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.
1.CA -00013322-001. Complaint under section 6 of The Payment of Wages Act, 1991. I uphold this complaint pursuant to section 6 of the Payment of Wages Act,1991 and the respondent shall pay the sum of €439 to the complainant subject to all lawful deductions. 2.CA - 00013322-002. Complaint under section 6 of The Payment of Wages Act, 1991. I uphold this complaint pursuant to section 6 of the Payment of Wages Act,1991 and the respondent shall pay the sum of €53.88 to the complainant subject to all lawful deductions.
3.CA- 00013322-003. Complaint under section 27 of the Organisation of Working Time Act, 1997. I uphold the complaint pursuant to section 27 of the Organisation of Working Time Act, 1997 and the respondent shall pay the sum of €246 to the complainant subject to all lawful deductions. |
Dated: 22 May 2018
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
Non-payment of wages; non-payment for holiday leave; uncontested evidence |