ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022620
Parties:
| Complainant | Respondent |
Anonymised Parties | A retired Employee | Health Care Provider |
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-00029185-001 | 19/06/2019 |
Date of Adjudication Hearing: 03/09/2019
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 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 have fulfilled my obligation 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/remueration. Pursuant to Section 6 of the said 1991 Act, and 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 19th of June 2019 was submitted within the time allowed.
Background:
The Complainant retired in June of 2019. |
Summary of Complainant’s Case:
The Complainant was looking for a rebate arising out of the fact that she had only worked seven months in her final year and she contested the Respondent’s contention that the Annual exemption would apply pro rata. |
Summary of Respondent’s Case:
The Respondent did not present at the hearing having already discharged the sum due and owning |
Findings and Conclusions:
I listened to the Complainant who was concerned that it was only the drastic step of issuing a complaint through the WRC that prompted her Employer to recognise the mistake it had made and to refund the Employee. This refund was made on the on the 1st of August 2019. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00029185-001 The Complainant’s complaint is well-founded but she has confirmed that the deduction has been reimbursed by the Respondent in the intervening time. No further direction is required. |
Dated: 16/10/19
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Key Words:
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