ADJUDICATION OFFICER DECISION
CORRECTION ORDER ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT, 1997.
This Order corrects the original Decision issued on 15.08.2019 and should be read in conjunction with that Decision.
Adjudication Reference: ADJ-00020955
Parties:
| Complainant | Respondent |
Anonymised Parties | A Courier | A Transport Company |
Representatives |
| Barry Keating Barry Keating & Co. |
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-00027655-001 | 09/04/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00027655-003 | 09/04/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00027655-004 | 09/04/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00027655-005 | 09/04/2019 |
Date of Adjudication Hearing: 02/08/2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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
Summary of Complainant’s Case:
CA 00027655-001 Payment of Wages. The complainant was not paid his last weeks’ wages. He handed in his notice on the 19th March. He worked four days that week as it was a bank holiday on the Monday. He was not paid. CA 00027655 003 Payment of Wages At the end of the complainant’s employment, he received a letter from the Respondent’s accountant stating that all that was due to him was €532.55. That was in relation to an underpayment of his wages in 2018 of € 169.01 and in 2019 of € 363.54. However, the respondent deducted the sum of €403.00 from that figure due an error the complainant allegedly made with an order. CA 00027655 – 004 The complainant did not receive his written terms and conditions of employment, despite requesting them on one occasion. CA 00027655 -005 The complainant is due 7 days holidays. |
Summary of Respondent’s Case:
No Appearance for or on behalf of the Respondent. |
Findings and Conclusions:
CA 00027655 -001 Based on the uncontested evidence of the complainant, I am satisfied that the complaint is well founded. I award the complainant € 504.00. CA 00027655 -003 I am satisfied that the deductions made from the complainant’s final pay was unlawful. Accordingly, I find that the complaint is well founded. I award the complainant €403.00. CA 00027655 -004 I am satisfied that the respondent failed in his duties pursuant to section 3 of Act. According, I find that the claim is well founded. I award the complainant € 2,400.00 CA 00027655 -005 I am satisfied based on the uncontested evidence that the complainant is entitled to 7 days holidays pay. The complaint is well founded. I award the complainant €840.00 |
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.
CA 00027655 -001 The complaint is well founded. I award the complainant € 504.00 CA 00027655 -003 The complaint is well founded. I award the complainant € 403.00 CA 00027655 -004 The complaint is well founded. I award the complainant€ 2,400.00 CA 00027655 -005. The complaint is well founded. I award the sum of € 840.00 |
Dated: August 15th 2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Courier | A Transport Company |
Representatives |
|
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027655-001 | ||
CA-00027655-003 | ||
CA-00027655-004 | ||
CA-00027655-005 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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
Summary of Complainant’s Case:
CA 00027655-001 Payment of Wages. The complainant was not paid his last weeks wages. He handed in his notice on the 19th March. He worked four days that week as it was a bank holiday on the Monday. He was not paid. CA 00027655 003 Payment of Wages At the end of the complainant’s employment, he received a letter from the Respondent’s accountant stating that all that was due to him was €532.55. That was in relation to an underpayment of his wages in 2018 of € 169.01 and in 2019 of € 363.54. However, the respondent deducted the sum of €403.00 from that figure due an error the complainant allegedly made with an order. CA 00027655 – 004 The complainant did not receive his written terms and conditions of employment, despite requesting them on one occasion. CA 00027655 -005 The complainant is due 7 days holidays. |
Summary of Respondent’s Case:
No Appearance for or on behalf of the Respondent. |
Findings and Conclusions:
CA 00027655 -001 Based on the uncontested evidence of the complainant, I am satisfied that the complaint is well founded. I award the complainant € 504.00. CA 00027655 -003 I am satisfied that the deductions made from the complainant’s final pay was unlawful. Accordingly, I find that the complaint is well founded. I award the complainant €403.00. CA 00027655 -004 I am satisfied that the respondent failed in his duties pursuant to section 3 of Act. According, I find that the claim is well founded. I award the complainant € 2,400.00 CA 00027655 -005 I am satisfied based on the uncontested evidence that the complainant is entitled to 7 days holidays pay. The complaint is well founded. I award the complainant €840.00 |
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.
CA 00027655 -001 The complaint is well founded. I award the complainant € 504.00 CA 00027655 -003 The complaint is well founded. I award the complainant € 403.00 CA 00027655 -004 The complaint is well founded. I award the complainant€ 2,400.00 CA 00027655 -005. The complaint is well founded. I award the sum of € 840.00 |
Dated: August 15th 2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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