ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011837
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Care Assistant} | {A Care Provider} |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00015708-001 | 10/11/2017 |
Date of Adjudication Hearing: 03/03/2020
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 employed as a Care Assistant with the Respondent since 11th November 2014. |
Summary of Complainant’s Case:
As part of her work the Complainant does sleepovers, she is paid below minimum wage for these shifts. She receives €4 an hour (€40 for 10 hours) and €6/hr on Saturday nights. She signed a letter in June which was sent to HR to try and resolve this matter. A meeting was held after where HR and the care manager informed the Complainant and other colleagues were not entitled to Minimum wage for sleepovers.
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Summary of Respondent’s Case:
The Respondent denies any breach of S24 of the Minimum Wage Act 2000. No request was made for a statement of average hourly rate of pay for pay reference period by the Complainant in accordance with the Act. |
Findings and Conclusions:
There was no appearance by the Complainant at the adjourned hearing on 3rd March 2020. I am satisfied the Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded. |
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.
The complaint is not well-founded. |
Dated: 12th August 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Non appearance by Complainant |