ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026119
Parties:
| Complainant | Respondent |
Anonymised Parties | Housekeeping Staff | Housekeeping Services |
Representatives |
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Complaint:
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-00033428-001 | 28/12/2019 |
Date of Adjudication Hearing: 11/02/2020
Workplace Relations Commission Adjudication Officer: Eugene Hanly
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 was employed as a Housekeeper from 10th September 2019 to 1st December 2019. She was paid €12.00 per hour and a premium of €12.50 per premium hours worked. She has claimed that she is owed wages and holiday pay. |
Summary of Complainant’s Case:
Wages The Complainant stated that for the period 23rd September to 6th October she earned €839.00 and was paid €445.00 she is owed €394.00 For the period 7th October to 20th October she was paid correctly. For the period 21st October to 1st December she worked 185 hours at €12.00 = €2,220 and 26.5 premium hours at €12.50 per hour = €331.25 total amount due = €2,945.25. She received €500 and so is due €2,445.25. Holiday pay She has claimed that she is owed €450.00 Total amount due and claimed is €2,895.25 |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. The Respondent sent by email a full payroll statement. In summary they stated that she received the following payments: 30/9 466.56 15/10 298.61 17/10 445.45 21/11 1,097.38 9/2 500 Total paid to her = €2,808.00 She is due €3,807.12, less €500 paid on 9th February 2020 = €3,307.12 |
Findings and Conclusions:
I note that the Complainant stated that she is owed €2,945.25 and the Respondent asserts that she is owed €3,307.12.
I accept the Respondent’s position that she is owed €3,307.12 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. I have decided that the Respondent has breached Sec 5 of this Act. I have decided that this complaint is well founded. I require the Respondent to pay the Complainant €3,307.12 within six weeks of the date below.
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Dated: 6th April 2020
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Wages and holiday pay owing |