Complainant

Respondent

Anonymised Parties

A delivery driver

A restaurant /take away

Representatives

self

Company manager

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-00029130-001

18/06/2019

The Complainant worked as a delivery driver for the Respondent from 16/10/2018 until 06/05/2019 when the employment ended.

The Complainant contends that he worked between 36 and 52 hours per week. The Respondent contends that he worked 30 hours per week.

This complaint was received by the Workplace Relations Commission on 18th June 2019.

The Complainant claims that he was never issued with payslips until after his employment ended and these will clearly show that the hours worked did not match the payslips.

The Complainant also contends that he was paid nightly and therefore never received any holiday, public holiday or Sunday premium pay.

The Complainant never furnished banking details to the Respondent and claims that he deducted his wages on a daily basis from the money he received in payment when he delivered the takeaway orders to customers.

The Respondent accepts that the Complainant was paid on a daily basis as outlined by the Complainant and that he was the only employee to be paid in this fashion. In hindsight the Respondent accepts that this method was not advisable and will not, in future pay employees in this fashion.

In relation to payslips the Respondent was not aware that the Complainant was not receiving payslips as they were being emailed to an incorrect email address. At no time did the Complainant come looking for payslips until after his employment ended.

The Respondent informed the hearing that after an inspection by a WRC inspector he stopped paying employees an additional 8% of the daily rate that represented holiday pay and accepted that he would have to grant employees holidays.

It is impossible to exactly establish what may or may not have been happening here.

The Complainant has done himself no favours by ignoring matters until he left employment.

At the hearing the Respondent produced copy payslips. These payslips start on 16th November 2018 and end on 3rd May 2019. In total there are 23 weekly payslips.

Nine payslips show that 8% of basic pay was paid to the Complainant under the heading of holidays, these are as follows: 16/11/2018; 23/11/2018;30/11/2018; 07/12/2018; 14/12/2018; 21/12/2018; 28/12/2018; 04/01/2019 and 11/01/2019.

During the same nine-week period the Complainant was paid €118.56 under the heading of Pub Hols.

During the next 14 weeks the Complainant was paid 30 basic hours per week and a total of €124.25 under the heading of Pub Hols. There was no holiday pay paid out to the Complainant during these 14 weeks.

From the dates provided I calculate that there were 7 public holidays during the Complainant’s employment, at 5 hours per day times seven public holidays at €10 per hour equates to €350. The Complainant was paid €222.25 under the heading of Pub Hols, this represents an underpayment of €127.75.

In relation to holiday pay I have calculated that in the 14-week period the complainant worked 420 hours. Holiday entitlement is calculated at 8% of this figure, this equates to 33.6 hours @ €10 per hour equals €336.

The Complainant is due a gross payment of € 463.75 and I now order the Respondent to make this payment to the Complainant within 42 days from the date of this decision.

As outlined above.

Organisation of Working Time Act.1997.