ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020401
Parties:
| Complainant | Respondent |
Anonymised Parties | A Carpark Attendant | A Carpark Service |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act, 2015 | CA-00026960-003 | 11/03/2019 |
Date of Adjudication Hearing: 30/05/2019
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The complainant commenced employment as a car park attendant in June 2018. His employment ended in January 2019. His gross weekly pay was €380.00. A complaint was lodged with the WRC on 11th March 2019. At the outset of the hearing and in light of the narrative contained in the complaint form it became apparent that it would be more appropriate to deal with the matter as two separate complaints; one under Section 27 of the Organisation of Working Tim Act, 1997 and the second under Section 6 of the Payment of Wages Act, 1991. |
Complaint under Section 27 of the Organisation of Working Tim Act, 1997
Summary of Complainant’s Case:
The complainant stated that he was owed money for five or six days of unused annual leave. He did not have any supporting details. |
Summary of Respondent’s Case:
The respondent stated that the complainant’s holiday entitlement totalled 11.5 days and that he had used 10 of those days, therefore he was only owed holiday pay of 1.5 days, the respondent had documentary evidence to support this assertion. |
Findings and Conclusions:
I find the complainant is owed €120.00 in unpaid holiday pay. |
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.
The Complaint is deemed to be well founded, and I direct that the employer pay to the employee an amount of €120.00. |
Complaint under Section 6 of the Payment of Wages Act,1991.
Summary of Complainant’s Case:
He also stated that he had not been paid his last two weeks’ pay amounting to €800.00. |
Summary of Respondent’s Case:
Regarding the claim for two weeks’ pay, the respondent agreed that the complainant had not been paid for the last two weeks but this was only because of previous overpayments having been made. There was, according to the respondent, an outstanding overpayment balance of €188.56. |
Findings and Conclusions:
I find that although there were errors made in the complainant’s pay, he was not underpaid. |
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.
The Complaint is not well founded. |
Dated: 26th September, 2019
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Annual Leave, holiday pay, overpayment. |