ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016011
Parties:
| Complainant | Respondent |
Anonymised Parties | A Door to Door Sales Agent | A Marketing Company |
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-00020720-001 | 23/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020720-002 | 23/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020720-003 | 23/07/2018 |
Date of Adjudication Hearing: 17/09/2018
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 commenced work, as a Door to Door Sales Agent, with the Respondent, a marketing company, on 3 May 2018. The Complainant tendered his resignation to the Respondent on 25 June 2018 as a result of non-payment of wages and the existence of a compliance issue which made him feel that his employment was insecure.
The Complainant submitted his complaints, under the Payment of Wages Act, 1991 and the Organisation of Working Time Act, 1997, to the Workplace Relations Commission on 23 July 2018. |
Summary of Complainant’s Case:
The Complainant submitted three separate claims as follows:
CA-00020720-001 - a claim for outstanding commission and car allowance under the Payment of Wages Act.
The Complainant claims that the commission payment he received for weeks 3 and 4 of his employment was €100 short with respect to the commission earned during week 3.
In support of his claim in this regard, the Complainant submitted detailed records of his sales activity during the weeks in question.
In addition, the Complainant is also claiming for an outstanding car allowance of seven days in the amount of €105.
CA-00020720-002 - a claim for outstanding holidays under the Organisation of Working Time Act
The Complainant submitted that, on 8 June 2018, he contacted his supervisor to advise that he had to attend a hospital appointment the following Tuesday (12 June 2018). According to the Complainant’s evidence, his supervisor advised him that that would be no problem as he had completed five weeks of work he was entitled to one day off and, in addition, he had given sufficient notice.
However, the Complainant stated that when he received his salary for the week in question, he noticed that he had been deducted one day, despite the fact that he understood he had accrued the days leave.
Consequently, the Complainant is claiming for one day’s pay at €80.64 (nett).
CA-00020720-003 - a claim from an outstanding week’s wages under the Payment of Wages Act.
The Complainant submitted in evidence, that, when he tendered his resignation to the Respondent on 25 June 2018, he was owed one week’s wages. However, the Complainant stated that he never received payment in this regard and is, therefore, claiming one week’s wages at €403.80. (nett) |
Summary of Respondent’s Case:
The Respondent did not attend the Oral Hearing, despite having been appropriately informed of same. In addition, there had been no other response or submission from the Respondent in reply to the Complainant’s complaints. |
Findings and Conclusions:
Having carefully considered all the evidence provided by the Complainant and in the absence of any submission or response from the Respondent, I find that the Complainant’s claims under each complaint heading are well founded. |
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.
Having carefully considered all of the evidence adduced and based on the considerations/findings as detailed above, I find as follows:
CA-00020720-001: I find that the Complainant’s claims in relation to outstanding commission and car allowance are well-founded. Consequently, I award the Complainant the sum of €205.00 (nett) in this regard.
CA-00020720-002: I find that the Complainant’s claims in relation to an outstanding day’s leave is well-founded. Consequently, I award the Complainant the sum of €80.64 (nett) in this regard.
CA-00020720-003: I find that the Complainant’s claims in relation to outstanding wages is well-founded. Consequently, I award the Complainant the sum of €403.80 (nett) in this regard.
In total, the combined award to the Complainant is €689.44. This represents the net amount which is due to the Complainant after appropriate tax deductions have been applied to the corresponding gross amount. |
Dated: 16th August 2019
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
Organisation of Working Time Act Payment of Wages Act |