ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023748

Parties:

	Complainant	Respondent
Anonymised Parties	A Bar Tender	A Bar Owner

Representatives

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-00030343-001	16/08/2019

Date of Adjudication Hearing: 15/10/2019

Workplace Relations Commission Adjudication Officer: Roger McGrath

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 complaint(s)/dispute(s) 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 commenced employment with the Respondent as a bar tender on 12^th February 2019. Her employment ended on 13^th June 2019. She was paid a gross hourly rate of €12.00 and worked 40 hours per week. The Complainant submitted that she was not paid wages, holiday pay and pay in lieu of notice which were due to her. The Complainant lodged a complaint with the WRC on the 16^th August 2019.

Summary of Complainant’s Case:

The Complainant stated at the hearing that she commenced employment with the Respondent on 12^th February 2019, on a part-time basis. Some four or five weeks later her role grew to be a full-time role. She was never issued with a Contract of Employment and only began to get payslips in late March or early May. The Complainant stated that she was only paid intermittently.

The Complainant resigned on the 13^th of June 2019 and sent an email to the Respondent looking for her outstanding pay and holiday pay.

The Complainant agreed that she had taken some cash from the till but only as a “sub” for pay.

The Complainant stated that she was due €3,773.45 in outstanding wages, €491.20 in outstanding holiday pay and €480.00 for pay in lieu of notice. Although there was some communication between the Complainant and the Respondent after her resignation, she was never paid her outstanding monies.

Summary of Respondent’s Case:

The Respondent stated that there were difficulties with the Complainant’s performance, and he had to take her out of the bar. The Respondent stated that the Complainant had been taking money from the till.

The Respondent stated that the Complainant was paid everything she was due.

Findings and Conclusions:

The Respondent did not adduce any documentation to support his claim that the Complainant had been paid her full wages or holiday pay.

I find the Complainant is due outstanding wages and holiday pay.

I find the Complainant is not owed any pay in lieu of notice as she resigned her employment with the Respondent.

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.

The complaint is well-founded, and the Respondent shall pay the Complainant a sum of €4,264.45 (€3,773.45 + €491.00).

Dated: 6^th December 2019

Workplace Relations Commission Adjudication Officer: Roger McGrath

Key Words:

Holiday pay, unpaid wages, pay in lieu of notice.