Complainant

Respondent

Anonymised Parties

Bakery Assistant

Bakery

Representatives

Self

No appearance

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-00031919-002

31/10/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00031919-003

31/10/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00031919-004

31/10/2019

The complainant was employed by the respondent from May 2018 to 01 October 2019. He worked 48 hours per week as a bakery assistant.   He was paid weekly, and his gross pay was €625.95 per week. The complainant claims:

(1)    he was not paid his full pay for his last working week,

(2)    did not receive/was not paid for his full leave entitlement and,

(3)    did not receive a statement in writing of his terms and conditions of employment.

CA-00031919-002 - The complainant commenced work at the bakery in May 2018. He had a friend who worked at the bakery and he introduced him to the employer.   He was paid weekly by credit transfer to his bank account. He received his wages each week while working at the bakery. He verbally gave notice to the respondent that he would be resigning on 01 October 2019. He was not paid for his last working week. He contacted the respondent and was told he would not be paid for 6 – 9 weeks. He submitted his claim to the Workplace Relations Commission on 31 October 2019. After he submitted his claim to the Workplace Relations Commission he received part of the wages due to him. The respondent made a payment of €206.86 to the complainant’s bank account on 04 November 2019. His normal weekly wage was €625.95 gross (€524.04 net). His claim is for the outstanding wages due to him.

CA-00031919-003 - The complainant took 10 days leave in August 2019. He claims he did not receive his full leave entitlement. His annual leave allowance for a full year was 21 days.

CA-00031919-004 - The respondent did not provide the complainant with a statement in writing of this terms and conditions of his employment.

The respondent did not attend the adjudication hearing and did not make submissions to contradict the complainant’s claims.

CA-00031919-002 – Complaint under Section 6 of the Payment of Wages Act, 1991.

The complainant resigned from his employment on 01 October 2019. His evidence was that he did not receive payment for his last working week.   He worked a normal 48-hour week and he was due wages of €625.95 gross (€524.04 net). He contacted the respondent and was told he would not be paid for 6 – 9 weeks.

He submitted his claim to the Workplace Relations Commission on 31 October 2019. The respondent made a payment of €206.86 to the complainant’s bank account on 04 November 2019. The complainant gave evidence that no final payslip was issued, and the outstanding wages were not paid.

The complainant did not have copies of his payslips with him at the hearing, but he submitted copies of two payslips by e-mail the following day. He also submitted by e-mail an extract from his bank statement showing the payment of €206.86 made by the respondent on 04 November 2019.

The complainant was a credible witness and his evidence was not contradicted. I find that the complainant did not receive the full wages due to him for his final working week. Based on the uncontested evidence of the complainant I am satisfied the complaint is well founded. I direct the respondent to pay the complainant €419.09 gross.

CA-00031919-003 – Complaint under Section 27 of the Organisation of Working Time Act, 1997

The complainant gave evidence that he was entitled to 21 days leave per annual leave year. He took 10 days leave in August 2019. He resigned on 01 October 2019. He stated he did not receive his annual leave entitlement.

The complainant commenced work in May 2018. The statutory annual leave year is 01 April to 31 March. A claim for annual leave or payment for annual leave must be brought within six months of the date of contravention or within six months of the last day of the leave year. (See the decision of Lavan J in Royal Liver Assurance Ltd v Macken [2002] 4 IR 428.) The first leave year ended on 31 March 2019 and the complainants claim was received on 31 October 2019. As that is outside the six-month time limit I do no have jurisdiction to hear that complaint.

In respect of the second leave year, 01 April 2019 to 01 October 2019 the complainant worked for six months of that leave year. He stated that his leave allowance for a year was 21 days and he availed himself of 10 days leave in August 2019. Therefore, the balance of leave due to him when he resigned was one half day. The complainant was not paid for the outstanding half day when he resigned. This was a breach of Section 23 of the Organisation of Working Time act. I direct the respondent to pay him redress of €62.40 gross.

CA-00031919-004 – Complaint under Section 7 of the Terms of Employment (Information) Act, 1994.

The complainant in his evidence stated that he was not issued with a statement in writing of his terms and conditions of employment as required under the Act. He said he had not been issued with a contract or any written document setting out terms and conditions of his employment. The complainant was a credible witness and his evidence was not contradicted. I find that the complainant did not receive a statement in writing as required by the Act and the claim is well founded. I note the decision of the Labour Court in the case of Megan Hayes Kelly and Beechfield Private Homecare, DWT1919 where the Court awarded the maximum of four weeks’ pay in redress in circumstances where there were errors and omissions in the statement.   Failure to issue a statement as required by the legislation must be more serious than the issue of a defective statement so I award the complainant the maximum of four week’s pay.

CA-00031919-002 – I find the complaint pursuant to the Payment of Wages Act, 1991 is well founded and I direct the respondent to pay to the complainant €419.09 gross.

CA-00031919-003 – I find the complaint pursuant to the Organisation of Working Time Act, 1997 in respect of the leave year 01 April 2019 to 01 October 2019 is well founded and I direct the respondent to pay to the complainant €62.40 gross.

CA-00031919-004 – I find the complaint pursuant to the Terms of Employment (Information) Act, 1994 is well founded and I award the complainant compensation of €2,503.80 equivalent to four weeks’ pay.

Payment of Wages

Organisation of Working Time

Terms and Conditions of Employment

No appearance for the respondent