ADJ-00016361

Complainant

Respondent

Anonymised Parties

Chef

Restaurant owner

Representatives

Cyril & Co Solicitors

 Ferrys Solicitors

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-00021230-001

20/08/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00021230-002

20/08/2018

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

CA-00021230-003

20/08/2018

The complainant commenced employment as a chef with the respondent in the week commencing Monday 19 February. He worked 50 hours a week and his gross weekly wage was €€769.23.

The respondent unlawfully deducted €1000 from his wages on 28 March 2018.

The respondent failed to provide him with terms and conditions of employment as required by section 3 of the Terms of Employment (Information) Act, 1994.

He resigned his employment on 19 March 2018.

He submitted his complaint to the WRC on 20 August 2018.  

CA-00021230-001. Complaint under section 6 of the Payment of Wages Act, 1991.

The complainant states that he is owed his salary of €769.23 for the week commencing the 12 March, less the €375 which he accepts that the respondent transferred to his bank on 6 November 2018. The respondent only paid him for 4 days for the week 12-16 March, yet he worked 5 days.

 He only received one pay slip while employed with the respondent. 

Travel Expenses.

The respondent agreed to pay him €300 in travel expenses as he had to make a 90 km round trip journey each day from his home to the restaurant. He is owed €300 in travel expenses.

Both sums- the week’s wage of €769.23 and the €300 in expenses, less the €375 transferred into his bank account - should have been should have been paid to him on 28 March 2018.

CA-00021230-002.Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

The complainant withdrew this complaint

CA-00021230-003. Complaint under section 27 of the Organisation of Working Time Act, 1997.

The complainant states that he worked on the 19 March the public holiday and was not paid for same.

CA-00021230-001. Complaint under section 6 of the Payment of Wages Act, 1991.

The respondent denies that he deducted monies unlawfully from the complainant for the week commencing 12 March.

The complainant worked 17 days in total for which he was paid. The respondent submits that while tax and revenue USC were sent to the relevant departments in respect of the salary due for week commencing the 12 March 2018, an error occurred, and the complainant’s salary was not sent to him on the due date. The salary has since been lodged in the complainant’s bank account on the 6 November. The respondent disputes the complainant’s assertion that the complainant worked 5 days in the week commencing the 12 March. While the complainant was rostered for 5 days in that week, he only worked 4 days in circumstances where on Wednesday, March 14th he advised that he was unable to work as he was having car issues and needed to get his car fixed urgently. As a result of the complainant’s failure to work on March 14th the kitchen was closed. The complainant is on emergency tax and this may explain why he believes he is owed more.

Alleged agreement on travel expenses.

The respondent denies the existence of an agreement. The complainant certainly made the case for same to him. He listened and made no commitment to pay travel expenses.

CA-00021230-002.Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

The respondent states that section 3(1) of the Act of 1994 allows the respondent a period of up to two months to comply with this section. The complainant resigned after 4 weeks.

CA-00021230-003. Complaint under section 27 of the Organisation of Working Time Act, 1997.

The respondent at the hearing denied that the complainant worked on the 19 March 2018, the public holiday. After the hearing the respondent advised that they had erred, that he had in fact worked and they produced evidence of payment for the public holiday to the complainant post the hearing. The complainant did not dispute this.

CA-00021230-001. Complaint under section 6 of the Payment of Wages Act, 1991.

Non- payment of the complainant’s w wages

I have considered the pay slips and bank lodgements and the evidence. I accept that the due salary payments have been made to the complainant, albeit after a significant and at best careless delay. I note that the respondent had discharged tax and USC deductions to the relevant department.

Based on the evidence, I do not find that an agreement existed to pay the complainant travelling expenses.

 As the respondent has paid the outstanding shortfall in the salary to the complainant, I do not find that there was a deduction which contravened section breach of section 5 of the Act of 1991.

CA-00021230-002.Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

The complaint is withdrawn

CA-00021230-003. Complaint under section 27 of the Organisation of Working Time Act, 1997.

I note the respondent paid the amount due to the complainant in respect of the public holiday which fell on the 19 March 2018 again after a significant and unjustifiable delay. The complainant has not disputed the amount. I do not find that a breach of the Act of 1997 occurred

CA-00021230-001. Complaint under section 6 of the Payment of Wages Act, 1991.

I do not find this complaint to be well founded,

CA-00021230-002.Complaint seeking adjudication under section 7 of the Terms of Employment (Information) Act, 1994.

This complaint is withdrawn

CA-00021230-003. Complaint under section 27 of the Organisation of Working Time Act, 1997.

I do not find this complaint to be well founded

Late payments of salary.