ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014606
Parties:
| Complainant | Respondent |
Anonymised Parties | A Complainant | A Delivery Company |
Representatives |
|
|
Complaints:
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-00019105-001 | 11/05/2018 |
Date of Adjudication Hearing: 31/07/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
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 had been employed to deliver post on a wage of €10 per hour. She claims to have been underpaid for most of the hours worked. |
Summary of Complainant’s Case:
The complainant began work with the respondent in mid-September 2017. The respondent provides postal services to the business community and some other delivery services. The complainant would be given a quantity of material to be delivered and she would then carry out the deliveries at times of her own convenience. The company monitored this by means of a tracking device which she then submitted for the purposes of payment. She could not access the information on the tracking device and was provided with no record of her hours. However, when payment was received in the first three pay periods it was considerably below what she worked, as follows; Period 1; 130 hours worked, 65 paid (over 14 working days). Period 2; 30 hours worked, 15 paid Period 3; 30 hours worked, 15 paid Period 4 30 hours worked, none paid . This gives a total shortfall of 125 hours wages owed. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. No explanation was provided for the failure to do so. |
Findings and Conclusions:
The complainant was a convincing witness and her evidence, in the absence of an appearance by the respondent was credible. I find in her favour and award her payment for the outstanding hours worked, viz; one hundred and twenty hours at €10.00 per hour. |
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 uphold complaint CA-00019105-001 and award the complainant €1,250.00 |
Dated: 06/09/18
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages. |