ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023781
Parties:
| Complainant | Respondent |
Anonymised Parties | Kitchen Porter | Cafe |
Representatives | Self |
|
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-00030425-001 | 22/08/2019 |
Date of Adjudication Hearing: 06/11/2019
Workplace Relations Commission Adjudication Officer: Maria Kelly
Procedure:
The complainant referred a complaint to the Workplace Relations Commission on 22 August 2019. The complaint was scheduled for adjudication on 06 November 2019. At the time the adjudication hearing was scheduled to begin there was no appearance by or on behalf of the respondent. I checked that the respondent was on notice at its registered address of the time, date and venue of the adjudication hearing. I allowed some time in the event the respondent was delayed. Having confirmed that notice had been sent to the respondent at its registered address I proceeded with the hearing in the absence of the respondent.
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 employed as a kitchen porter / assistant chef from 21 January to 22 July 2019. He was paid €9.85 per hour. During his employment he received his wages in various ways, cash, payment from a personal account or from the company account. Payments were irregular and made of different days each week. When his employment ended there was an outstanding amount of €710.00. |
Summary of Complainant’s Case:
The complainant commenced employment in January 2019. He did not receive a pay slip until he requested one and then he received eight files at the same time. The complainant produced four payslips, dated 15, 22, 29 April and 06 May 2019. Each payslip showed an hourly rate of 9.85 and 20 work hours for each week. He never received a payslip on the correct date. The complainant regularly worked over 20 hours per week. The hours worked over 20 hours were never shown on his payslip and were paid for separately. He didn’t receive holidays or compensation for Sunday work. Following the hearing the complainant submitted documents that showed regular communications between the complainant and his boss about underpayment for the hours worked. The requests for accurate payment dated back to February 2019. One example shows the following: Payment late €1627, paid €1400, unpaid €227 (02/5/2019). The complainant made requests for payment of outstanding amounts in April, May, June and July and some payments were received. His employment ended on 22 July 2019 at which date he claimed he was due €1,060.00 of which €350.00 was paid. The outstanding amount was €710.00. The complainant did not receive the payment of €710.00 on Friday 26 July 2019 as expected. He was then assured that the payment would be made on Monday 29 July 2019, but no payment was received. The following day, 30 July, he received a message that the payment should be in his bank account as it had been put through. The complainant checked his account on 31 July, but no payment had been made. The complainant sent messages on 31 July, 06 August and 12 August 2019 requesting payment of the outstanding €710. No payment was received by the complainant. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and did not make submissions to contradict the claim. |
Findings and Conclusions:
The complainant gave a clear account of the how he had received payments during his period of employment. He was a credible witness. He also produced copies of communications dated from March to July 2019 requesting payment for hours worked. Payments were often late and made by different means. At the time his employment ended the complainant claimed he was due €710.00 for hours worked in July 2019. His evidence has not been contradicted. I find that this money was not paid and remains outstanding. I find that this is in contravention of the Act. I am satisfied that the complaint is well founded. I award the complainant redress of €710.00. |
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 find that the complaint pursuant to the Payment of Wages Act is well founded. I award the complainant redress of €710.00. |
Dated: 9th December 2019
Workplace Relations Commission Adjudication Officer: Maria Kelly
Key Words:
Payment of Wages Act |