ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016166
Parties:
| Complainant | Respondent |
Anonymised Parties | A Kitchen Porter | A Recruitment Agency |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021043-001 | 08/08/2018 |
Date of Adjudication Hearing: 05/10/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 8th August 2018, the complainant referred a complaint pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 5th October 2018. The complainant and two representatives of the respondent attended.
In accordance with Section 41 of the Workplace Relations Act, 2015 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 asserts that he is owed hours for work undertaken in April 2018 and for holiday pay. |
Summary of Complainant’s Case:
The complainant outlined that he worked as a kitchen porter on a client site for a number of days in April 2018. He also worked at a different site, covering a night shift. The complainant said that he was owed for two hours for work undertaken in April 2018 and his holiday pay. He acknowledged receiving a cheque in September 2018 and said that this related to his other work. He presented the time sheet for this other work. |
Summary of Respondent’s Case:
The respondent outlined that it paid for the monies owed in respect of the compliant. The issue arose as there was no signed time sheet for the day in question. It undertook to investigate if monies were owed for the complainant’s work in the other site. |
Findings and Conclusions:
Having reviewed the pay slips and the evidence of the parties, I find that the respondent has discharged the monies owed to the complainant from his work at the named client. I welcome the respondent’s undertaking to check if monies are due for other work. As the monies arising from this complaint have been paid, there is no breach of the Payment of Wages Act and I must formally deem the complaint to be not well founded. |
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.
CA-00021043-001 I find that the complaint is not well founded as the complainant has since been paid the monies owed arising from this complaint. |
Dated: November 7th 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act |