ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021559
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | A Bakery |
Representatives | none | none |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028227-001 | 08/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028227-002 | 08/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00028227-003 | 02/07/2019 |
Date of Adjudication Hearing: 02/07/2019 and 10/10/2019
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 was employed as a General Operative with the Bakery from 16th November 2014 until 27th March 2019. |
Summary of Complainant’s Case:
The Complainant did not receive her annual leave of 5 days in April 2019. She worked during her holidays and was due to get 5 days payment cash. The Respondent said he would pay this but did not. She seeks annual leave and public holiday pay and claims €8,742.63 euro from 2015 to 2018. The Complainant did not receive her last two weeks wages. She is also owed 2 weeks back pay from 2014. The Complainant says she was only paid 5 days public holidays annually. |
Summary of Respondent’s Case:
The Respondent denies the complaints of non-payment of annual leave and public holiday leave. The Bakery implements the working time requirements with sign in sheets, break times and receipts for cash and payslips. The payslips show holiday pay paid. The Complainant sought payment of arrears of wages. The Bakery sought a meeting to discuss a disciplinary issue and details of hours worked, but the Complainant did not reply. |
Findings and Conclusions:
CA-00028227-001 & 2 I have considered the submissions of the parties. The Respondent has provided evidence of payment of annual leave and public holidays to the Complainant pursuant to S27 of the Organisation of Working Time Act 1997. During the course of the first hearing the Complainant sought payment of two weeks of unpaid wages which she was due on termination of employment. Pursuant to the judgment in County Louth VEC v The Equality Tribunal [2009] IEHC 370 I have the jurisdiction to amend the complaint form to include a complaint by the Complainant of a breach of S5 of the Payment of Wages Act 1991. The Respondent was notified of the complaint and was given the opportunity to respond to this complaint. The Respondent accepts the Complainant is owed 63 hours pay for her last two weeks of work which is €630 euro. I find this complaint is well founded and direct payment of 2 weeks arrears of wages of €630 euro together with 1 week’s wages as compensation for the breach of €390, total €1,020.00 by the Respondent to the Complainant. |
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.
CA-00028227-001 & 2 I find these complaints are not well founded. I find the complaint of a breach of S5 of the Payment of Wages Act 1991 is well founded and direct payment of 2 weeks arrears of wages of €630 euro together with 1 week’s wages compensation for the breach of €390, total €1,020.00 by the Respondent to the Complainant. |
Dated: 2nd December 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Jurisdiction to amend complaint form |