ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner/Kitchen Porter | A Restaurant |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
CA-00006225-001 | ||
CA-00006225-002 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant had been employed as a cleaner/kitchen porter by the respondent between March 2015 and January 2016. She was paid the National Minimum Wage. (The complaint was referred in August 2016). |
Summary of Complainant’s Case:
The complainant says she is owed unpaid wages, notice payment and pay in respect of annual leave and public holidays. The first of these arises in respect of payment due on February 5th, 2016, in the amount of €411.35. This is her ‘back week’ which was due on the termination of her employment. A payslip was issued to her following representations by the Citizens Information Service, but no payment was received. She was not given any annual leave in 2015 or up to the time of the termination of her employment and she claims €687.64 in respect of this complaint. She was not given a statutory notice payment and claims €91.50 in respect of one week’s notice (taking into account a payment received in the amount of €160.69 which she received). She is owed payment for eight public holidays and claims €413.80 (taking into account a payment of €78.35 which she did receive). |
Summary of Respondent’s Case:
The respondent did not attend, and no explanation was provided for its failure to do so. |
Findings and Conclusions:
The complainant makes two claims under the Payment of Wages Act; her ‘back week’ in the amount of €411.35 and her statutory notice payment in respect of one week’s notice in the amount of €91.50 (taking into account a payment received of €160.69 which she did receive). She has a further two claims under the Organisation of Working Time Act; that was not given any annual leave in 2015 or up to the time of the termination of her employment; she claims €687.64 in respect of this and that she is owed payment for eight public holidays and claims €413.80 (taking into account a payment of €78.35 which she did receive). The complainant was a credible and honest witness whose evidence is accepted, and all her complaints are upheld. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I uphold complaint CA-000006225-001 under the Payment of Wages Act, 1991; and award the complainant €411.35 and €91.50 in respect of wages due and the balance outstanding in respect of one week’s notice respectively. I uphold complaint CA-000006225-002 under the Organisation of Working Time Act, 1997; and award her €687.64 in respect of annual leave and €413.80 being the balance outstanding in respect of public holidays. |
Dated: 29th April 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Payment of Wages, annual leave, public holidays |