Complainant

Respondent

Anonymised Parties

A Skilled Labourer

A Construction Company

Representatives

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-00027776-002

15/04/2019

The Complainant worked as a skilled Labourer for the Respondent from 8th February 2019 to 21st March 2019.

The Complainant worked for 6 weeks with the Respondent for 38 hours per week. He asked for a contract of employment after 2 weeks but never received this. He received 1,200 euro and the payment received is not in accordance with the construction rate of pay. As he is a skilled labourer he should have received a category B wage of 18.36 euro per hour. Payment was in cash and he did not receive any payslips.

The payment due is 1,992.00 euro. In addition, he was not paid for 1.5 days holiday, nor 1 bank holiday.

There was no appearance by on or behalf of the Respondent at the hearing.

I have listened carefully to the Complainant’s evidence and considered the written submissions made.

Statutory Instrument no 455 of 2017 Sectoral Employment Order (Construction Sector) 2017 applied to the Complainant who is a construction worker during his period of work with the Respondent. This provides that a skilled operative with more than 1 year’s experience in the industry is paid 18.36 euro per hour.

The Complainant is not legally represented. His complaint is made under S24 of the Minimum Wage Act 2000. He requested payment of the outstanding monies by email but did not receive any response from the Respondent. The WRC complaint form is not prescribed by statute.

In considering this matter I am guided by the decision of McGovern J in County Louth Vocational Educational Committee v The Equality Tribunal and Pearse Brannigan [2009] IEHC 370 when the Court found it was permissible to amend a claim where the general nature of the complaint remains the same. The Respondent must be given a reasonable opportunity to deal with these complaints and the fair procedures adopted by the Equality Officer must be fair and reasonable and in compliance with the principles of natural and constitutional justice.

I am satisfied that the Respondent has been notified at its current address of the nature of the complaints of unpaid wages by the Complainant in advance of the hearing. I am satisfied that the Respondent is on notice of the nature of the claim and altering of the relevant legislation does not fundamentally alter the nature of the claim.

The Respondent has failed to appear at the hearing.

The appropriate legislation is S6 of the Payment of Wages Act 1991, pursuant to S6 of the Payment of Wages Act 1991 I find the complaint is well founded. I direct payment of arrears of wages of 1,992 euro, 209.30 euro annual leave, and compensation of 2 weeks wages 1,395.36 euro total 3,596.66 euro by the Respondent to the Complainant.

I find the complaint is well founded and direct payment by the Respondent of 1,992 euro arrears of wages, 209.30 euro annual leave, and compensation of 2 weeks wages 1,395.36 euro to the Complainant total 3,596.66.

Complaint form, incorrect legislation, complaint well founded