ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00019361
Parties:
| Complainant | Respondent |
Anonymised Parties | Retail worker | A Retail outlet |
Representatives | Self | Did not attend. |
Complaint(s):
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-00025240-001 | 24/01/2019 |
Date of Adjudication Hearing: 28/02/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
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.
Background:
The Complainant commenced employment with the Respondent on 27/11/2014, she was employed as a cashier. The Complainant worked 16 hours per week for which she was paid €157.44 per week. This complaint was received by the Workplace Relations Commission on 24/01/2019. |
Summary of Complainant’s Case:
The following is a letter written to the WRC outlining her complaint. I commenced employment with the Respondent on 27th November 2014 as a Cashier. I worked 16 hours per week on average and I was paid €157.44 per week average. I have carried out my duties to the best of my ability and I have always been flexible regarding my working hours. In May 2017 I became unwell and was absent until my maternity leave in November 2017. I continued to be unwell after the birth of my baby and I am still on sick leave. On 28th September 2018 I received a payslip in respect of one week’s holiday pay owing to me from 2017. The payslip was for €118.08 however no monies were lodged to my bank account. On 23rd November 2018 I received another payslip in respect of one week’s holiday pay for 2018. The payslip was for €157.44 however no monies were lodged to my bank account. I brought this to the attention of my employer on numerous occasions but I have not received any payment – my Bank Statements will verify this. I am also due 2 further weeks holiday pay in respect of 2018 – to date I have not received either payslips or payment in respect of these two weeks. The failure to pay monies that are owing to me has caused me great distress and hardship. I have been checking my bank account on a daily basis in the hope that I would see that the payments have been lodged to my account. I have made numerous telephone calls, I spoke to my Manager who told me he would sort out my payments and I sent emails to Head Office but to no avail. I feel I have been treated very unfairly by the Company. I wish to be paid the monies that are owing to me and to be compensated for the great distress and hardship caused to me.
|
Summary of Respondent’s Case:
The Respondent did not attend the hearing or sent any notification to the WRC in relation to their non-attendance. Correspondence in relation to the hearing of the complaint was sent on 1st February 2019. |
Findings and Conclusions:
From the uncontested evidence adduced at hearing there is no doubt that the Complainant is due holiday pay and this should be paid without delay. The Complainant has calculated the amount of €590.40 and I accept this as being accurate. I therefore find that this complaint is well founded. The Complainant has also sought compensation for the stress and hardship this has caused her. Under the redress provisions of the Payment of Wages Act, 1991. I do not have jurisdiction to award compensation under this legislation. The Respondent is hereby ordered to pay the Complainant €590.40 being payment for outstanding holiday entitlement. Such payment should be made within 42 days for 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(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
As outlined above. |
Dated: 11th March, 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
|