ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017357

Parties:

Complaint(s):

Date of Adjudication Hearing: 21/01/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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.

Payment of wages Act 1991

CA-00022457-001

Background

The claimant was employed by the respondent as a cleaner. He was paid 418.97 for a 39-hour working week.

The claimant stated when he returned to work on the 7th April 2018 after 8 months out on sick leave following an accident at work he was informed that the client had removed his access to their premises.

The claimant submitted that this was penalization for making a personal injury claim.

The claimant stated that the respondent had organised work for him at other client’s sites however he did not have the opportunity to work overtime.

The claimant submitted that he has suffered a financial loss that he was owed the sum of €1600 in lost earnings.

The respondent submitted that the claimant alleges that on or about the 29th July injured his knee at work. He was out of work for 8 months and that he was certified fit to return to work on the 5th April 2018.

Shortly before the claimant returned to work the clients informed the respondent that it was their wish that the claimant did not return to their site.

The respondent provided the claimant with alternative sites.

Findings

Both parties made written submissions at the hearing I find that the claimant on his complaint form states that he is owed €1600 as the respondent has not paid him or has paid him less than the amount due to him.

I find that the extra payment came about when the claimant worked overtime or extra hours.

I find that based on the evidence the claimant has been paid for all the hours he has worked.

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.

The complaint is not well founded and falls.

Dated:   21/03/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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