ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00018864
Parties:
| Complainant | Respondent |
Anonymised Parties | A cleaner | A facility services company. |
Representatives | SELF | Did not attend. |
Complaint:
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-00024323-001 | 19/12/2018 |
Date of Adjudication Hearing: 12/02/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant commenced employment with the Respondent on 01/07/2018, she was employed as a cleaner. When she left employment on 01/09/2018 there was a deduction of €310.54 deducted from her wages. |
Summary of Complainant’s Case:
The Complainant worked for a total of 273 hours during her period of employment, she has calculated that accrued holiday entitlement during this period would total 21.84 hours. During her employment the Complainant took a total of 22 hours, in the Complainant’s opinion this would result in a balance of 0.16 hours owing to the Respondent and not the 29.86 hours deducted by the Respondent. From a monetary point the deduction from the Complainant should have been approximately €1.76 and not €310.54. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. Correspondence in relation to the hearing of this complaint were sent to the Respondent company, at the correct address, on 17th January 2019. |
Findings and Conclusions:
From the uncontested evidence adduced at hearing I decide that the complaint is well found. The Respondent will pay the Complainant the sum of €308.78 under the Payment of Wages Act, 1991. This payment should be made within 42 days from the date of this decision. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
As outlined above. |
Dated: 5.3.19
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991. |