ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010455
Parties:
| Complainant | Respondent |
Anonymised Parties | Co-Ordinator | English Language School |
Complaint:
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-00013871-001 | 07/09/2017 |
Date of Adjudication Hearing: 30/01/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and 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 was employed from 15th July 2016 until the employment terminated on 3rd May 2017. The Complainant was paid €12.00 an hour and he worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 7th September 2017 alleging the Respondent had breached Section 5 of the Payment of Wages Act. He is claiming payment of €684.00 in wages – annual leave on termination of the employment of €140.16. These amounts were due to be paid to him on 3rd May 2017. |
Summary of Complainant’s Case:
The Complainant confirmed at the Hearing that he had in fact been paid his annual leave entitlement of €365.76 and this was confirmed in an email from the Respondent (Undated). The Complainant stated that he worked from 28th April 2017 to 3rd May 2017 – 4 days = 32 hours worked but not paid. He is also claiming payment of a shortfall of 28 hours worked between January and April 2017 that were not paid. |
Summary of Respondent’s Case:
The Respondent did not attend the Hearing. |
Findings and Conclusions:
On the uncontested evidence of the Complainant and on the basis of the evidence provided by way of payslips and emails at the Hearing I find as follows – Wages from 28th April to 3rd May 2017 – The Complainant worked 4 days = 32 hours but was not paid. The Complainant is entitled to payment of 32 hours x €12.00 an hour = €384.00 gross Shortfall in hours paid of 28 hours x €12.00 an hour = €336.00 gross and Annual Leave – The evidence from the Complainant was that his annual leave entitlements had now been paid |
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.
On the basis of the evidence and my findings above I declare the complaint is well founded. I direct the Respondent to pay the Complainant – Wages of €720.00 gross subject to any lawful deductions and This sum to be paid to the Complainant, subject to any lawful deductions, within 42 days of the date of this Decision. |
Dated: 15/05/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Wages and accrued annual leave due on termination of the employment |