ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023534

Parties:

	Complainant	Respondent
Anonymised Parties	Agency Worker.	Agency Employer

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012	CA-00029402-001	04/06/2019

Date of Adjudication Hearing: 01/10/2019

Workplace Relations Commission Adjudication Officer: David Mullis

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

This was a complaint from the Complainant in relation to the non-payment of all Public Holiday Allowances for the years she had worked for the Agency,

The Complainant says that she was underpaid in the previous year (2018) for Public Holidays due. She says, in her complaint form, that she was advised of this by the agency, but that they had proposed to repay the amount due, in monthly instalments of €9,66. She said this was unacceptable and is not what would have been done to permanent employees of the retail outlets she worked in. She required that the total amount owing be paid in one lump sum.

Summary of Complainant’s Case:

The Complainant did not attend the hearing.

Summary of Respondent’s Case:

The Respondent said that the case should be dismissed on the basis that the Complainant did not attend.

They said that they had become aware of the shortfall in the wages and had advised the staff concerned of this. They also said that repayment of the monies due, in one payment, would put such a burden on the company’s finances that it risked collapsing the company and that they had received the agreement of the vast majority of those affected to the staged repayment.

Findings and Conclusions:

The Complainant did not appear to give her oral evidence to the tribunal

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 25 of the Protection of Employees (Temporary Agency Work) Acts, 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act.

The failure of the Complainant to attend and present her evidence results in failure of prosecution of the case.

The complaint, therefore, fails.

Dated: 5th December 2019

Workplace Relations Commission Adjudication Officer: David Mullis

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