ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Retailer |
Representatives |
|
|
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00028485-001 | ||
CA-00028486-001 |
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.
Background:
The complainant commenced work on 14th November 2018 and detailed that she is owed monies from when her employment ended on 3rd May 2019. The respondent did not attend. |
Summary of Complainant’s Case: CA-00028485-001
The complainant detailed that she is owed monies for hours that she worked and for which she was not paid. She outlined that she worked the following hours at the rate of €10 per hour: 84 hours November 2018 101 hours December 2019 119 hours January 2019 112 hours February 2019 105 hours March 2019 98 hours April 2019 21 hours May 2019 for which she received some payment but there remained an outstanding amount owed to her totalling €899.25
She was advised on 3rd May 2019 that the respondent had closed down. |
Summary of Respondent’s Case: CA-00028485-001
1. The respondent did not attend. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing and note that such correspondence was returned to the WRC unopened. |
Findings and Conclusions: CA-00028485-001
The respondent did not attend the hearing.
Section 1(1) of the Act defines wages as meaning “any sums payable to the employee by the employer in connection with his employment, including— ( a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, Section 5(1) of the Act provides: “(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee’s contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it.” Section 5(6) details ( a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or ( b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.
The complainant provided evidence of monies she had received and what remained outstanding.
Having examined what is properly payable to the employee, I find that the complaint is well founded and I order the respondent to pay the complainant €899.25. |
Summary of Complainant’s Case: CA-00028486-001
The complainant detailed that the respondent failed to pay her outstanding monies in relation to annual leave and public holidays.
It was detailed that the complainant was owed €280 for public holidays and €510 for annual leave which had not been paid upon termination of employment. |
Summary of Respondent’s Case: CA-00028486-001
2. The respondent did not attend. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing and note that such correspondence was returned to the WRC unopened. |
Findings and Conclusions: CA-00028486-001
The respondent did not attend.
Section 1(1) of the Act defines wages as meaning “any sums payable to the employee by the employer in connection with his employment, including— ( a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, Section 5(1) of the Act provides: “(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee’s contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it.” Section 5(6) details ( a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or ( b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.
Having examined what is properly payable to the employee, I find the complaint well founded and order the respondent to pay the complainant €790. |
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.
CA-00028485-001 I find the complaint well founded and order the respondent to pay the complainant €899.25. CA-00028486-001 I find the complaint well founded and order the respondent to pay the complainant €790. |
Dated: 13th December 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Pay, annual leave, public holidays |