ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014793
| Complainant | Respondent |
Anonymised Parties | An Employee | A Retail Food Outlet |
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-00018959-001 | 04/05/2018 |
Date of Adjudication Hearing: 16/01/2019
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 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:
The Respondent is a retail food outlet. The Complainant commenced work with the Respondent on 17 March 2018 as a part-time employee, working weekends. On 26 March 2018 the Respondent announced that they were closing the business. The Complainant’s complaint relates to unpaid wages for the entire period which she worked for the Respondent. |
Summary of Complainant’s Case:
The Complainant stated that she never received pay for the period she worked with the Respondent. Documentary evidence presented by the Complainant at the Hearing showed that she worked on four days totalling 24 hours. She also worked a training day consisting of 7 hours before she commenced rostered employment. The Complainant stated that she was assured by the Respondent that she would receive her pay but this did not happen. She stated that she tried to contact the Respondent by phone on numerous occasions but that they have now blocked her phone number. The Complainant said that when she received her P45 it stated she had worked zero hours for zero pay. |
Summary of Respondent’s Case:
The Respondent did not attend the Hearing. However, I am fully satisfied that the Respondent was appropriately notified of this Hearing and a previous scheduling, which was adjourned as a result of the Complainant being out of the country on the date scheduled for that Hearing. In addition, there has been no engagement at any point in time since the complaint was submitted in May 2018. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant, I find that her case is well founded. Consequently, I find in her favour in the amount of €229.20, representing 24 hours at an hourly rate of €9.55. While I note that one of the days worked by the Complainant was a Public Holiday, I find that the Complainant does not, as part-time worker, meet the requirement set down in the Organisation of Working Time Act which would entitle her to premium payment for that day. |
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.
Based on the evidence adduced and in line with the findings and considerations as set out above I find the Complainant’s claim is well founded and award her a sum of €229.20 in respect of wages owed. This sum is subject to the normal statutory deduction relating to wages. |
Dated: 20 February 2019
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
Payment of Wages Act |