ADJ-00021057

Complainant

Respondent

Anonymised Parties

A Carpenter

A Construction Company

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-00027741-001

15/04/2019

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the  European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012

CA-00027741-002

15/04/2019

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

CA-00027741-003

15/04/2019

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

CA-00027741-004

15/04/2019

CA 27741-01 CA 27741-002

The complainant commenced working for the Respondent on the 05^th March, 2019. He was paid  € 130.00 per day (gross) and worked 8 hours per day.  He was a carpenter. In the month of March, 2019, he worked on the 5^th, 6^th, 7^th,8^th, 11^th 12^th 13^{th ,} the  14^th  was a half day  and on the 15^th, 18^th, 19^th 20^th 21^st and 22^nd. He left his employment on the evening of the 22^nd. He received on payslip for period 6 amounting to €520.32 net. He states that he not received any payment at all from the respondent. He is entitled to payment for working the Bank Holiday on the 18^th March.

No Appearance for or on behalf of the Respondent.

CA 27741 -003 (Hours of Work)

The complainant worked 68hours prior to the bank holiday Monday.

21.—(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—

(a) a paid day off on that day,  

(b) a paid day off within a month of that day,

(c) an additional day of annual leave,

(d) an additional day's pay:

Provided that if the day on which the public holiday falls is a day on which the employee would, apart from this subsection, be entitled to a paid day off this subsection shall have effect as if paragraph (a) were omitted therefrom.

I am satisfied that the respondent did not comply with the provisions of Section 21. Accordingly, I find that the claim is well founded. I award the complainant €130.00

CA 27741-004 ( Pay)

The complainant states that he is owed for 13.5 days worked. He is paid € 130.00 gross per day. The total amount due to the complainant is the net amount calculated from the gross figure of €1,758.00.

I find that the claim is well founded, and I award the complainant the net amount calculated from the gross figure of €1,758.00.

CA 27741 – 003 The complaint succeeds. I award the complainant €130.00

CA 27741 -004 The complaint succeeds. I award the complainant € 1758.00