Complainant

Respondent

Anonymised Parties

A Project Administrator

A Precast Company

Representatives

Mr Francis Watters

Did not attend

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-00027126-001

18/03/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00027126-002

18/03/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00027126-003

18/03/2019

The complainant was employed by the respondent in various roles from November 2013 until his resignation on 23rd November 2018 (two weeks’ notice of resignation was given to the respondent on 9th November 2018). The complaints were submitted to the Workplace Relations Commission (WRC) on 18th March 2019 and relate to alleged breaches of the Payment of Wages Act, 1991 in respect of unpaid wages, the Organisation of Working Time Act, 1997 in respect of annual leave entitlements and the Terms of Employment (Information) Act, 1994 in relation to the complainant not receiving written terms and conditions of employment pertaining to his changing roles in the Company.

The complainant stated that he resigned from his employment as a result of the respondents continued failure to address issues relating to Health and Safety matters that were raised by the complainant during the course of his employment. At the time of his resignation the complainant contends that there were outstanding wages due to him in the amount of € 2,138.02 net in respect of one week’s unpaid wages, a back week which the complainant contends he worked at the beginning of his employment as well as payment for his last two days of employment with the respondent. The complainant also contends that there were outstanding annual leave entitlements to him at the time of his resignation although he could not clarify the exact entitlements that he was due. The complainant also contends that apart from signing a generic contract relating to a Drivers role at the commencement of his employment, he did not receive updated contracts as his roles in the organisation changed.

The respondent did not attend the adjudication hearing and was not represented. In correspondence submitted to the WRC dated 29th March 2019, the respondent stated that the complainant signed a contract of employment on 24th October 2013 relating to his role in the organisation which provided that he must give four weeks’ notice of his intention to resign. The respondent stated that the complainant provided only one week’s notice of his intention to resign which is a clear breach of his contract of employment. The respondent also highlighted certain expenses that it incurred as a result of the complainant’s resignation and refuted all of the claims made by the complainant in relation to annual leave and wages allegedly owed to him.

It is regrettable that the respondent did not attend the adjudication hearing. While I have noted the contents of the correspondence submitted by the respondent on 29th March 2019, I find that it would have been preferable for the respondent to attend the adjudication hearing in order to defend the complaints. The complainant gave direct evidence on each of the issues raised which I find to be honest and credible. On the basis of the complainant’s submissions and evidence and in the absence of any participation from the respondent at the adjudication process, I find as follows:

CA-00027126-001 – Payment of Wages complaint.

The complainant contends that he worked a back week at the commencement of his employment and was not paid for the last full week that he worked for the respondent as well as his final two days of his employment. The complainant calculated the amount due to be €2,138.02 net.

CA-00021726-002 – Organisation of Working Time Act, 1997 (Annual Leave)

The complaint relating to annual leave was submitted to the WRC on 18th March 2019. The six-month cognisable period of the complaint is therefore from the 19th September 2018 – 18th March 2019. The complainant resigned with effect from 23rd November 2018. The cognisable period of this complaint takes into account the annual leave accrued from 1st April 2018 until the complainant’s resignation on 23rd November 2018. In accordance with the provisions of Section 19 of the Organisation of Working Time Act, 1997 the complainant accrued 11.2 days of annual leave in that period.

Section 25 of the Organisation of Working Time Act, 1997 requires the employer to retain records which were not provided to the WRC in relation to the complaints. Accordingly, on the basis of the complainant’s evidence I find that the complaint is well founded. The complainant was unable to confirm the exact number of days he was due when his employment ended although he estimated that he had an outstanding entitlement to six days of annual leave.

Despite having accrued 11.2 days during the cognisable period of the annual leave complaint, the complainant has claimed only an entitlement to six days of annual leave. As I have been unable to clarify the exact entitlement, I find that the complainant should be paid the value of six days of outstanding annual leave as claimed.

CA-00021726-003 – Terms of Employment (Information) Act, 1994.

It appears that the only contract received and signed by the complainant was at the commencement of his employment in 2013. The complainant carried out at least four different roles in the respondent company between 2013 and 2018. I find that as each role changed, the complainant should have been issued with revised terms and conditions of employment in line with the provisions of Section 5 of the Terms of Employment (Information) Act, 1994. Accordingly, I find that the complaint is well founded.

CA-00027126-001 – Payment of Wages.

The complaint is well founded. The respondent is directed to pay the complainant a net payment of €2,138.02 in respect of unpaid wages due to him.

CA-00021726-002 – Organisation of Working Time Act, 1997 (Annual Leave)

The complaint is well founded. The respondent is directed to pay the complainant €1,181.17 in respect of six days of annual leave entitlements that were outstanding at the time of the complainant’s resignation.

CA-00021726-003 – Terms of Employment (Information) Act, 1994.

The complaint is well founded. The respondent is directed to pay the €1,968.62 (two week’s gross pay) in respect of the breaches of the legislation.

Payment of Wages, Annual Leave, Written terms and conditions of employment.