ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011150
Parties:
| Complainant | Respondent |
Anonymised Parties | Agency Worker | Recruitment Agency |
Representatives |
| IBEC |
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-00014886-001 | 09/10/2017 |
Date of Adjudication Hearing: 08/05/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
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 was an agency worker from 29th February 2016 to 4th September 2017. He was paid €12.98 per hour and worked a 40-hour week. He has claimed that his employer delayed paying him his wages and he had to make significant efforts to get paid. He is seeking compensation for the delay in payment. |
Summary of Complainant’s Case:
The Complainant stated that he resigned his position on 14th August 2017. He was willing to work out his notice but the Respondent told him to leave after two weeks. He didn’t get paid the two weeks’ notice as per his contract of employment. He was also owed two weeks holidays and didn’t get them at the departure date. He had to make considerable effort the get paid. Eventually he was paid all monies owed. He is seeking compensation for the Respondent’s failure to pay in time. He believes that there should be consequences for the company not paying him in time. |
Summary of Respondent’s Case:
The Respondent stated that there were communications problems between the Hirer company and themselves which caused the delay in paying the Complainant. They paid him all the monies owed. The Payment of Wages Act provides for monies owed. All monies have been paid. There is no provision in the Act for compensation in the Act. The claim is rejected. |
Findings and Conclusions:
I note that the Complainant had difficulty in getting paid when he resigned from the company. I note that the Respondent has explained that it was caused by a communication error between the Hirer company and themselves. I note that all monies have been paid. I note that the Complainant is seeking compensation for the inconvenience caused by the Respondent’s delay in paying him. I find that there is no provision in the Payment of Wages Act for compensation when the monies have been paid. |
I find that this complaint is 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.
I have decided that this complaint is misconceived.
I have decided that this claim should fail.
|
Dated: 5 September 2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Compensation for not paying wages in time |