ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00021895
Parties:
| Complainant | Respondent |
Anonymised Parties | A healthcare assistant | A healthcare 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-00028742-001 | 29/05/2019 |
Date of Adjudication Hearing: 16/08/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 was employed by the Respondent organisation from 09/04/2019 until 19/04/2019, during this period she worked a total of five shifts (12 hours per shift) as a Healthcare Assistant, she is now looking to be paid for said shifts. This complaint was received by the Workplace Relations Commission on 29th May 2019. |
Summary of Complainant’s Case:
The Complainant did not receive payment for the shifts worked. The Complainant calculates the amount outstanding at €690.00 gross. |
Summary of Respondent’s Case:
The Complainant commenced employment on 9/4/2019 as a Healthcare Assistant. A contract of employment was issued to the Complainant on 15/4/2019. The contract was a permanent contract working up to 40 hours per week for a basic rate of pay of €11.50 per hour. The Complainant did not return her signed copy of the contract to the Respondent. The outstanding wages amount to a gross amount of €690.00. The Complainant did not comply with the absence notification procedure in place. On 20/4/2019 the Complainant sent a text message to the Respondent stating that she had found a position closer to home and would not be returning. The Complainant refused to engage with the Respondent in relation to the returning the property of the Respondent i.e. 2 staff uniforms, an electronic swipe card and a locker key. As per para 5.4 of the contract of employment the Respondent may deduct any monies owing for loans, property etc., It was and remains the Respondent’s position that outstanding wages will be paid when the Complainant returns any property of the Respondents. |
Findings and Conclusions:
The Complainant is due wages of €690, this amount should be paid to her. The swipe card and locker key were returned to the Respondent at the hearing of the complaint. According to the Complainant the uniforms were left at the place of work for laundry purposes, this being normal procedure. In relation to the Complainant’s conduct at the time of her departure. I would ask that she reflects on this and realises the problems her conduct presented to the Respondent. This is not acceptable. The Respondent should now arrange the payment of €690 gross payment to the Complainant within 42 days from the date of this decision. |
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: 19/9/19
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act. |