ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023588

Parties: …

	Complainant	Respondent
Anonymised Parties	A Truck Driver	A Trucking Company

Representatives

Vadim Karpenko of First National Consulting and Legal Services

Did not attend .

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-00030259-001	14/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00030259-002	14/08/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00030259-003	14/08/2019

Date of Adjudication Hearing: 08/01/2020

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015; following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The issues in contention concern a Truck Driver and a claim for an alleged Illegal deduction from his wages , a shortfall in payment on his ending employment and unpaid holidays.

1: Summary of Complainant’s Case:


Act	Complaint/Dispute Reference No.	Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00030259-001	A Deduction of €500 was made to the Complainant’s wages in lieu of alleged Damages to a vehicle. There was no Agreement between the parties or paper work of any description regarding this deduction as required by the Payment of Wages Act, 1991. It was accordingly completely illegal. The Complainant seeks a full refund of this money. In addition, the Complainant was due a 2018 Bonus of € 800 which was also not paid.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00030259-002	The employment ended , on the Tax records of the employee on the 15th February. However, the Complainant worked on the 16, 17 and 18th February and is due payment for these days. Detailed Pay Slip and Tachograph records were submitted in evidence. Three days’ pay would amount to € 120 x 3 = € 360
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00030259-003	The Complainant did not receive Public Holiday pay for 25th and 26th December 2018 and New Year’s Day 2019 = 3 days pay at €120 = €360 In addition, the Complainant was not paid standard Annual leave for 2018 and the period of employment in 2019 . The amount due is €2,007.92. This figure was supported by Pay Slips and P 45 records.

2: Summary of Respondent’s Case:

The Respondent did not attend the Hearing. No evidence was presented.

I was satisfied that proper notice had been served as to the date, time and place of the Adjudication Hearing.

3: Findings and Conclusions:

The Complainant presented a detailed and professional submission supported by extensive pay records and his personal Bank statement. It was clear that this Bank Account was the means by which his renumeration was received. Previous payments matched lodgements on the Bank records. No payment records could be found for any of the claimed amounts. Accordingly, and in the absence of any Respondent employer rebuttals I make the following orders.
Act	Complaint/Dispute Reference No.	Decision / Adjudication Award.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00030259-001 Deductions for (1) Vehicle damage (2) Non-Payment of Annual Bonus	(1) Vehicle damage deductions It appeared that there was no written or Verbal Agreement between the parties or paper work of any description regarding this €500 deduction as required by the Payment of Wages Act, 1991, Section 5 . It was accordingly without good legal foundation. I direct that the full amount of the Deduction - € 500 be refunded to the Complainant. (2) Annual Bonus. There was no clear written evidence to support his claim. However, on the probity of the witness and the professionalism of his Oral and Written submissions I am accepting his claim. A Sum of €800 is to be paid to the Complainant in lieu of this unpaid Bonus.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00030259-002 Unpaid days in February.	The employment ended , on the records of the employer on the 15th February. However, the Complainant worked on the 16, 17 and 18th February and is due payment for these days. Detailed Pay Slip and Tachograph records were submitted in evidence. Three days’ pay would amount to € 120 x 3 = € 360 Based on the evidence presented and in particular the Tachograph records I accept that the Complainant was at work for the Respondent on the contested days. 3 (three) days’ pay (€360) is awarded to the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00030259-003 (1) Public Holiday Pay (2) Standard Annual leave Payments.	(1) Public Holiday Pay. There were no records of Public Holiday Pay for the three days for 25th and 26th December 2018 and New Year’s Day 2019. Neither was there any evidence of an agreement that Public Holiday pay was, in some manner, incorporated into Basic Pay. Accordingly, I award 3 days’ pay at €120 = €360 to the Complainant in lieu of the Public Holidays claimed. (2) Standard Annual Leave There were no Employer records presented to demonstrate that Annual Leave had been paid to the Complainant for 2018 or the period worked in 2019. Under the Organisation of Working Time Act, 1997 the onus of proof is on the employer to demonstrate that Annual leave has been paid. No Employer evidence was presented and again I had to rely on the probity of the witness and the quality of his written evidence. Accordingly, I award the sum of € 2,007 to the Complainant in lieu of Standard Annual leave not being paid.

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

I make the following Awards

Act	Complaint/Dispute Reference No.	Decision / Adjudication Award.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00030259-001 Deductions for (1) Vehicle damage (2) Non-Payment of Annul Bonus	(3) Vehicle damage deductions – Complaint deemed to be Well Founded. I direct that the full amount of the Deduction - € 500 be refunded to the Complainant. (1) Annual Bonus - Complaint deemed to be Well Founded. (2) A Sum of €800 is to be paid to the Complainant in lieu of this unpaid Bonus.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00030259-002 Unpaid days in February.	Complaint deemed to be Well Founded. 3 (three) days’ pay (€360) is awarded to the Complainant.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00030259-003 (1) Public Holiday Pay (2) Standard Annual leave Payments.	Complaints deemed to be Well Founded. (1) Public Holiday Pay. I award 3 days pay at €120 = €360 to the Complainant in lieu of the Public Holidays claimed. (2) Standard Annual Leave I award the sum of € 2,007 to the Complainant in lieu of Standard Annual leave not being paid.
Taxation of Awards to be considered in conjunction with advice from the Revenue Commissioners.

Dated: 27th August 2020

Workplace Relations Commission Adjudication Officer: Michael McEntee