ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013636
Parties:
| Complainant | Respondent |
Anonymised Parties | A cleaner | An Employer |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017923-001 | 13/03/2018 |
Date of Adjudication Hearing: 01/05/2018
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act and the Payments of Wages Act, 1991 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 commenced employment with the respondent on 1 May 2014 under the company name of XXX. On 1 February 2017, the company changed to the current company name. The complainant was employed as a cleaner with the respondent. She states that her hourly rate of pay was €10.05. A specific complaint, namely CA-00017287-001, a request for an investigation by a Workplace Relations Commission Inspector under the Organisation of Working Time Act, 1997 was incorrectly recorded on previous correspondence under this Adjudication file. Since this was a request for an Inspection, it does not fall to me to make a Decision on the matter. |
Summary of Complainant’s Case:
The complainant states that she was not paid for hours worked in December 2017 and January 2018 nor was she paid for the first 8 days of February 2018 which she had worked. The last payslip she received was in November 2017. |
Summary of Respondent’s Case:
The respondent did not engage with the WRC nor did it attend the hearing. I am satisfied that the letter regarding the date of hearing was sent to the respondent’s correct address. |
Findings and Conclusions:
Payment of Wages Act On the day of hearing, the complainant submitted that she was owed wages by the respondent as follows; December 2017 - 128 hours = €1,280 January 2018 – 123 hours = €1,230 February 2018 – 22 hours = €220
I am satisfied based on the uncontested evidence of the complainant that she is entitled to €2730 following the breaches by the respondent under the Payment of Wages Act. |
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 the Acts.
Payment of Wages Act I am satisfied based on the uncontested evidence of the complainant that she is entitled to be paid compensation in the amount of €2730 following the breaches by the respondent under the Payment of Wages Act.
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Dated: 12th August 2020
Workplace Relations Commission Adjudication Officer: Valerie Murtagh