ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019095
Parties:
| Complainant | Respondent |
Anonymised Parties | Accounts Assistant | Accountancy Service provider |
Representatives |
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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-00024891-001 | 08/01/2019 |
Date of Adjudication Hearing: 28/02/2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act that is contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I (an Adjudication Officer so appointed) have been asked to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered during the course of the hearing.
In particular, the Complainant herein has referred the following complaint:
A complaint of a contravention of Section 5 of the Payment of Wages Act, 1991, that is, a Complaint of an unlawful deduction having been made from the Employee’s wage. Pursuant to Section 6 of the said 1991 Act, in circumstances where the Adjudicator finds that the complaint of a contravention of Section 5 aforesaid, is deemed to be well founded, then the Adjudicator can direct that the employer pay to the employee an amount which is subject to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991.
In a preliminary way, I am satisfied a Contract of Employment existed between the parties such that a wage defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment. I further find that the Complainant’s Workplace Relations Complaint Form dated the 8th of January 2019 was submitted within the time allowed i.e. within six months of the date on which the wage fell due (September 14th 2018 herein)
Background:
The Respondent entity is owned and operated by the Accountant known as SS. In general terms, the Respondent provides in-house accountancy services to businesses and clients. It is noted that the Respondent sought an adjournment which was refused in circumstances where SS was present to give evidence. |
Summary of Complainant’s Case:
The Complainant was engaged by the Respondent entity for the express purpose of providing support services to a particular client. The Complainant worked for nearly a year with the Respondent, working circa 20 hours per week. The Complainant handed in her Notice at the start of August 2018 and expected that her final payslip would include payment for her last week of work and any holiday pay due and owing. This payment should have been made on or about the 14th of September 2018. During the course of her employment the Complainant’s wages would be transferred directly into her own current account. The Complainant would receive a wage slip separately. The Complainant showed the account records in this regard. |
Summary of Respondent’s Case:
The Respondent vigorously resisted the claim. He said he paid the Complainant a cash settlement of the monies she was claiming. The Respondent made allegations of being threatened by the Complainant and her partner. |
Findings and Conclusions:
I have carefully listened to the evidence provided by both parties. On balance I prefer the Complainant’s version of events and accept that whilst she received a final payslip (i.e. a printed payslip) she did not get a cash payment into her Bank account as was the practice. The Complainant was not paid for her final week of work nor was she paid Holiday Pay which should have accrued to her on the cessation of her employment. In this regard I am satisfied that the Complainant was entitled to three weeks holiday pay. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00024891-001 I find the Complaint to be well founded and direct the Employer to pay the sum of €800.00 to the Complainant |
Dated: 7th May 2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Key Words:
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