ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023010
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Officer | A Security Company |
Representatives |
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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-00029500-002 | 07/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029500-003 | 07/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029500-004 | 07/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00029500-005 | 07/07/2019 |
Date of Adjudication Hearing: 20/08/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 is a Security Officer. He was employed with the Respondent from 4th November 2016 to 30th April 2019. |
Summary of Complainant’s Case:
The Complainant was employed by a company in 2006 on a contract of employment guaranteeing him 39 hours work per week. He transferred to another employer in 2009 and to another company in 2016. He was transferred pursuant to the Transfer of Undertakings Regulations 2003 in 2019 to the Respondent. He has always worked 39 hours until 2019. He requested more hours in 2019 but his manager says the company can’t provide this. When he asked for backpay for the losses the Respondent refused to pay this. His losses are set out below for the various complaints. His hourly rate of pay is 11.35 per hour. CA-00029500-002 17.03 euro claim for shortfall of payment of 1 hour at overtime rate which is unpaid week 11th March 2019. CA-00029500-003 34.05 euro shortfall in a week where he was only given 36 hours work not 39 hours week of 22th March 2019. CA-00029500-004 170.25 euro shortfall for payment of 15 hours in week of 12th April 2019. Ca-00029500-005 34.05 euro shortfall in a week where given 36 hours only.
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Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent. |
Findings and Conclusions:
I have heard the submissions of the Complainant and considered carefully the contract of employment and other documents submitted by him. CA-00029500-002 to CA-00029500-005 The Complainant’s contract of employment guarantees him 39 hours per week. The Respondent has failed to provide the requisite hours to him on a number of occasions and he has sought back pay. The Respondent has refused to pay. I find the complaints are well founded. Pursuant to S6 of the Payment of Wages Act 1991 I direct payment of the total arrears of wages of 255.38 euro and 442.65 euro compensation by the Respondent to the Complainant. |
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.
CA-00029500-002 to CA-00029500-005 I find the complaints are well founded. Pursuant to S6 of the Payment of Wages Act 1991 I direct payment of the total arrears of wages of 299.43 euro and 442.65 euro compensation by the Respondent to the Complainant |
Dated: 30th April 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Unpaid wages, guaranteed hours, transfer of undertaking |