ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016018
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | A Retailer |
Representatives | Andrei Strok Limerick Citizens Information Service |
Complaints:
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-00020804-001 | 26/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020804-002 | 26/07/2018 |
Date of Adjudication Hearing: 01/11/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaints / disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant was seeking payment of wages and holiday pay. |
Summary of Complainant’s Case:
The Complainant was employed from January 22nd 2018 to March 3rd 2018 as a Shop Assistant. The Complainant worked from February 26th 2018 to March 16th 2018 and was not paid for these dates amounting to 768.77 Euros. She was also not paid her outstanding leave when her employment finished amounting to 237.74 Euros. |
Summary of Respondent’s Case:
The Respondents case, in so far as it was presented, was the Complainant was being trained during this time and was not entitled to be paid the agreed rate and that she had been paid. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
As no evidence was produced by the Respondent to show that the Complainant had been paid the amounts due I award the Complainant 768.77 Euros under the Payment of Wages Act 1991 Section 6.2 (CA-00020804-001) and 237.74 Euros under the Working Time Act 1977 for breach of Section 19.1 (a) of the Act ( CA-00020804-002). The Respondents claim that the Complainant was due no or less wages as she was training has no legal validity. |
Dated: April 29th 2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Payment of Wages and Holiday Pay |