ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00021691
Parties:
| Complainant | Respondent |
Anonymised Parties | A locum pharmacist | A recruitment company |
Representatives | self | Company management |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028424-001 | 15/05/2019 |
Date of Adjudication Hearing: 11/07/2019
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 is a locum pharmacist and has been an employee of the Respondent agency since 1st September 2017. This complaint was received by the Workplace Relations Commission on 15/05/2019. |
Summary of Complainant’s Case:
The Complainant contends that she did not receive her public holiday entitlements from the Respondent agency. The Respondent informed the Complainant that it had miscalculated her payment entitlements for public holidays and Sunday premiums, in her particular case the underpayment amounted to €2,156.06. The Respondent initially stated that they would make good on this over a period of 84 months (7 years). The Respondent has informed the Complainant that they wish to repay all staff members at the same schedule and beyond that have not responded to the Complainants rejection of this proposal. The Complainant informs that she is willing to accept repayment over a number of months but would like all outstanding payment by the end of the calendar year. The Complainant is a Brazilian national and if she was to leave employment of the Respondent wishes to be paid in full on her departure from the company should that situation arise before the end of the calendar year. |
Summary of Respondent’s Case:
Following an inspection from WRC inspectors’ underpayments in relation to public holidays and Sunday premium were discovered. Approximately 250 staff are involved. The Respondent contends that it does not have the financial resources to pay everyone at once but would have to pay over a period of time, the Respondent was proposing a period of 7 years. |
Findings and Conclusions:
I have considered the case presented by both the Complainant and Respondent. The Respondent’s arguments lack a level of credibility and I have decided that the complaint presented by the Complainant is well-founded and now order the Respondent to pay the entire underpayment to the Complainant by the end of this year – 2019. Should the Complainant leave the Respondent’s employment before the end of this year (2019) all monies should be included in her final payment. |
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: 6th November 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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