Complainant

Respondent

Anonymised Parties

A Labourer

A Recruitment Company

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act, 2015.

CA-00026236-001

12/02/2019

The complainant began work with the respondent on September 21st 2018 and worked continuously with him until March 28th, 2019.

Throughout the period he was paid at the rate of €13.00 per hour.

He worked as a labourer and the terms of the Sectoral Employment Order (Construction Sector) 2017 (SEO) apply to him and should have received €13.77 per hour.

The respondent said that the complainant had not been employed as a labourer but as a cleaner, but in the construction sector.

He had the option to offer the complainant work at the SEO rate in a different location.

Regarding the pension he stated that the complainant had been offered a PRSA but had declined to avail of it.

I accept the complainant’s evidence that he was working on construction sites as a labourer and has an entitlement to the SEO rate claimed.

The SEO contains a ‘Definition of the Sector’ and it defines the construction sector, and the relevant activities broadly; in particular at page 8, states that it includes;

a)      The construction, reconstruction, alteration, repair, painting, decoration, fitting of glass in buildings and the demolition of buildings

b)      The installation, alteration, fitting repair, painting, decoration, maintenance and demolition on any building, or its site of articles, fittings, pipes, containers, tubes, wiring or instruments etc

c)       (i) the clearing out and laying out of sites for buildings etc

I therefore uphold his entitlement to be paid at the rate of a ‘New Entrant Worker’ which is €13.77; a deficit of €30.80 per week. He was employed for a total of twenty-two weeks and is therefore entitled to €677.60.

This is a gross figure and attracts all statutory deductions.

The SEO sets out in detail requirements in relation to pension provision and benefits. It states the contributions to be €45.59 per week comprising an employer contribution of €27.35 and an employee contribution of €18.24.

The respondent’s offer of a PRSA does not meet this obligation and I address this in my decision also.

I uphold complaint CA-00026236-001 and award the complainant wages in the amount of €677.60 subject to statutory deductions.

In respect of the failure to contribute to the pension scheme I award the complainant €600.00 which is compensation for the breach of his entitlements and should be paid without any deduction of tax or other deductions.