Complainant

Respondent

Anonymised Parties

An office supervisor

An auto parts business

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-00020509-002

09/07/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00020509-003

09/07/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00020509-004

09/07/2018

The Complainant worked for the Respondent in the capacity of an office supervisor and commenced employment on 26/02/2018 and worked until 22/06/2018.

The Complainant was paid €350 per week plus (as per complaint form) a cash bonus of €110 per week. Her working week was between 40 and 45 hours.

This complaint was received by the Workplace Relations Commission on 09/07/2018 and comprises of three separate complaints:

CA – 0020509 – 002 – complaint referred under section 6 of the Payment of Wages Act, 1991.

CA – 0020509 – 003 – complaint referred under section 6 of the Payment of Wages Act, 1991.

CA – 002 0509 – 004 – complaint referred under section 27 of the Organisation of Working Time Act, 1997.

The Complainant alleges that she is owed the sum of €1,380 by the Respondent, this amount represents one weeks’ wages, one week in lieu of notice and payment for 5 Public Holidays. A weeks pay, according to the Complainant is €460 (€350 plus €110 cash bonus).

As per the Complaint form it is alleged:

“On 16/06/2018 my employer texted ma and told me to take the 18/06/18 and 19/06/18 off as it was not busy. On 18th he texted me and told me to come in at 10.00am on 20th to have a talk. At 10.10am on the 20th my employer told me that I have no interest in the job and I’m not fulfilling my duties and that I do not have the proper education and training. He also said that he does not have any more use for me and I was dismissed. I was never given a contract and my duties were never properly specified. From day to day my duties varied, and my employer was never clear on instruction. I was never given training and had to learn the duties on my own.

I later texted my boss and notified him that I had to be given a weeks’ notice as I was employed by him for more than 13 weeks. At 7.47 pm my employer emailed me my notice which was back dated to the 18th stating that my final day was 22nd.

On the 22nd I went to pick up my wages and P45 which my employer refused to give me. I was later emailed my P45 and I received part of my due wages on the 25th. I emailed my employer on 25th and notified him of the employment laws he was breaking by not giving me all my due wages and I notified him that I would be logging a complaint with the WRC if he did not give me the rest of my wages. I also informed him that not giving me payslips is violating employment law. I received 10 payslips by email from his accountant which had a pin on them, I was not given the pin.

I also contacted Revenue on the 20th and was notified by them my employer applied for my P45 on the 18th and that 18th was my last day of my employment. Then on 20th he amended the first P45”.

At hearing the Respondent stated that they would pay the outstanding weeks’ wages (the back week) to the Complainant.

In relation to Public Holidays it was stated that the shop was closed and therefore the Complainant did not have to work.

It was alleged by the Respondent that the Complainant was sent a contract although they were unsure as to when this was sent.

At the hearing the Respondent confirmed that they would send the following information to the WRC post hearing:

1.       Date when contract was issued.

2.       Bank statements showing when the back week was paid.

It is noted that nothing was received.

CA – 0020509 – 002

The Complainant has alleged that she is owed one weeks’ wages.

This complaint is well found and I order the Respondent to pay the Complainant one weeks’ wages i.e. €460.00.

CA – 0020509 – 003

The Complainant has alleged that she is owed one weeks’ wages in lieu of notice.

This complaint is well found and I order the Respondent to pay the Complainant one weeks’ wages i.e. €460.00 in lieu of notice.

CA – 002 0509 – 004

The Complainant has alleged that she is owed payment for 5 public holidays.

If the Complainant did not work on the public holidays and received payment for these five days, there is nothing due to her. If she did not work on these five days and was not paid for them she isentitled to five days payment. If she did work on these days and received normal pay for them she is entitled to five days’ pay.

All monies should be paid within 42 days from the date of this decision.

As outlined above.