Complainant

Respondent

Anonymised Parties

A Security Officer

A Security Services Company

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-00029510-001

08/07/2019

The Complainant worked as a Security Officer from 14th September 2018 to 18th January 2019 for the Respondent. He was paid 11.35 euro per hour for a 40 hour week.

The Complainant was underpaid for a significant amount of hours. He was not paid 30 hours on the week prior to Christmas. He was told this could not be rectified until after Christmas. He continued to work his rostered hours. He was told he would receive triple pay on Christmas day, and double time for 1st January. He was again left short hours, 91 and paid for only 24 hours for the bank holidays.

He brought this to the attention of management who assured him this would be fixed. He worked for a further 19 hours which he was not paid. He is still owed 110 hours. The management said they could not help. Payroll said they could not release money as the Complainant’s account was locked. HR said they were missing documents, and they had told management not to give the Complainant more hours until this was completed. The Complainant is of the view that the hours were given to him in the knowledge he would not be paid. He gave the documents to the company a second time. The company blamed a Supervisor that had left for the documents that went missing.

The Complainant did not get any response to his requests to be paid the hours owed. He told the company he would have to leave as he could not continue to work there.

The Respondent accepts that 88 hours are owed to the Complainant but not the 110 hours claimed.

The Complainant began working with the company for a period of 13 weeks, while a background check was being carried out. Additional work cannot be given until the background check is fully completed and successful. The Respondent says there was an administrative error that allowed the Complainant to work beyond 13 weeks without the background check being complete, but payroll could not process the payment.

The Respondent says there was no agreement to pay double time or triple time.

I have considered carefully the oral and written submissions of the parties.

The Respondent accepts that 88 hours wages at 11.35 euro per hour 998 euro are due to the Complainant which resulted from an administration error. I note that Statutory Instrument 231/2017 Employment Regulation Order applied to the Complainant at the time and his hourly wage for the period was 11.35 euro per hour. There is no provision for double or triple time to be paid in the Employment Regulation Order.

Pursuant to S6 of the Payment of Wages Act 1991, I find the complaint is well founded. I direct payment by the Respondent to the Complainant of 998 euro arrears of wages together with 908 euro compensation for breach of the Act.

Pursuant to S6 of the Payment of Wages Act 1991, I find this complaint is well founded. I direct payment by the Respondent to the Complainant of 998 euro arrears of wages together with 908 euro compensation for breach of the Act.

Security Industry, Employment Regulation Order, arrears of wages, compensation