Complainant

Respondent

Anonymised Parties

Baker

Bakery

Representatives

Self-represented

Did not attend

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-00031924-002

31/10/2019

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

CA-00031924-003

31/10/2019

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

CA-00031924-004

31/10/2019

The complainant presented a complaint that the respondent made an unlawful deduction from his wages on 29 September2019, failed to pay his statutory leave entitlements and omitted to present him with terms and conditions of employment.

He worked with the respondent from 1 July 2017 until the 30 September 2019.

His gross weekly wage was €906. He worked 53 hours a week.

He submitted his complaint to the WRC on 31 October 2019.

CA-00031924-002.Complaint under section 6 of the Payment of Wages Act, 1991.

The complainant states that left his job on 29 September 2019.The complainant worked an average of 58-60 hours a week in the 6 weeks preceding his resignation. For the week commencing 19 September he was underpaid and by 17 hours and 30 minutes for which he had worked. The respondent told him that he would pay the unpaid hours in the last pay cheque due on the 29 September. The respondent deducted his wages due in respect of 33 hours and 15 minutes which he worked for the period 26-29 September. The deductions occurred on 29 September. He asked the respondent for the unpaid wages. He met the respondent after he had resigned, and the respondent told him that he would pay him the overdue and unpaid wages within a six-week period. The respondent failed to do this.

The complainant submitted copies of pay slips indicating that the hourly rate was €17.

CA-00031924-003.Complaint under section 27 of the Organisation of Working Time Act, 1997.

The complainant is seeking the full entitlement of 20 days leave. Upon questioning, he advised that he had taken 10 days annual leave in July 2019.

CA-00031924-004.Complaint under section 7 of the Terms of Employment (Information) Act, 1994 The complainant stated that the respondent provided him with a contract in 2018. He objected to the long hours in the contract. He told the respondent that he would identify his difficulties with the contract and put his desired changes to the respondent upon returning from annual leave. He did not do so, but neither did the respondent revert to the complainant.

CA-00031924-002. Complaint under section 6 of the Payment of Wages Act, 1991.

I am satisfied that the respondent was provided with details of the hearing. The respondent did not attend the hearing.

CA-00031924-003. Complaint under section 27 of the Organisation of Working Time Act, 1997.

I am satisfied that the respondent was provided with details of the hearing. The respondent did not attend the hearing.

CA-00031924-004. Complaint under section 7 of the Terms of Employment (Information) Act, 1994-2019.

I am satisfied that the respondent was provided with details of the hearing. The respondent did not attend the hearing.

CA-00031924-002Complaint under section 6 of the Payment of Wages Act, 1991.

The relevant law.

5(1)(2) of the Act of 1991 prohibits a deduction unless the

“deduction is of an amount that is fair and reasonable having regard to all the circumstances”.

Section   5 (6) of the Act of 1991 goes on to identify a deduction as follows:

“the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act)”

The complainant’s terms and conditions presented to him in 2018 stated that he would be paid for the total number of hours worked in each shift. The salary slips presented by the complainant disclose that he is paid at the rate of €17 per hour. On the basis of the uncontested evidence of the complainant, I find that the sum of €862 payable on 29 September in respect of 50 hours, 45 minutes worked between 18 August and the 29 October is properly payable. I find that respondent unlawfully deducted the sum of €862 on the 29 September 2019.

I require the respondent to pay the sum of €862 to the complainant subject to all lawful deductions.

CA-00031924-003. Complaint under section 27 of the Organisation of Working Time Act, 1997.

Section19 (1) of the Act of 1997 provides that in a leave year where the employee works 1,365 hours, then he/she is entitled to 4 weeks paid leave payable at the normal weekly rate. The complainant’s uncontested evidence was that he worked 53 hours a week which in the period 1 April – 29 September 2019 amounted to 1,378 hours. The complainant stated that he had taken 10 days leave in July 2019. On the basis of the hours worked he is therefore entitled to a further 2 weeks’ pay in respect of the 2019-20 leave year. This amounts to the sum of €1802.

I require the respondent to pay the complainant the sum of €1802 subject to all lawful deductions.

CA-00031924-004. Complaint under section 7 of the Terms of Employment (Information) Act, 1994-2019.

The complainant advised that he was presented with terms and conditions in a contract in 2018. He submitted a copy of same which is dated 2017. I find that these terms and conditions meet the requirements of section 3 of the Act of 1994 as amended.

The fact that he chose not to follow up with the respondent on what were problematic terms for him is not evidence of the failure of the respondent to comply with section 3 of the Act of 1994 as amended.

I do not find this complaint to be well founded.

CA-00031924-002Complaint under section 6 of the Payment of Wages Act, 1991.

I find this complaint to be well founded. I require the respondent to pay the complainant the sum of €862 subject to all lawful deductions.

CA-00031924-003. Complaint under section 27 of the Organisation of Working Time Act, 1997.

I find this complaint to be well founded. I require the respondent to pay the complaint two weeks wages amounting to the sum of €1802 subject to all lawful deductions.

CA-00031924-004. Complaint under section 7 of the Terms of Employment (Information) Act, 1994-2019.

I do not find this complaint to be well founded.