ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00023956
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner | A Cleaning and Security Company |
Representatives |
| No Appearance |
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-00030566-001 | 29/08/2019 |
Date of Adjudication Hearing: 19/11/2019
Workplace Relations Commission Adjudication Officer: Emile Daly
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 complaint(s)/dispute(s) 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 Complainant is a cleaner who was not paid for holidays and wages due to her. |
Summary of Complainant’s Case:
The Complainant has worked for the Respondent for twelve years as a Cleaner. She is based in a town in the North West of the country and is responsible for the cleaning of several businesses in the town which have a cleaning contract with the Respondent. Because the Respondent is a national company with headquarters in both Dublin and Belfast, their employees log their work hours on an online clock-in system. However, in respect of two businesses (for which the Complainant is responsible) and which are on separate floors in one building, due to a defect in the online clock in system, only the hours in respect of one of these contracts could be logged by the Complainant. This resulted in lost wages for work done by the Complainant and it also resulted in loss of holiday entitlement. The Complainant requested that the unpaid wages be paid to her but despite repeated requests, this did not occur. The Complainant continued to clean both businesses but still complained to the management and HR of the Respondent that she had not been paid for all the hours she had worked. At which point in August 2019 the Complainant issued a WRC complaint. After the WRC complaint issued her line manager was replaced by a different manager, at which point some of her unpaid wages and holiday entitlements were reimbursed to her. However, there is still an outstanding amount of 13 hours of unpaid work and holidays. This amounts to an unlawful deduction from her wages of €140.40 |
Summary of Respondent’s Case:
No appearance |
Findings and Conclusions:
The Respondent did not attend the Adjudication hearing nor was an application for an adjournment received by the WRC in advance of the hearing. Having been satisfied that both parties were properly on notice of the Adjudication hearing, I proceeded to adjudicate on the complaint, in the absence of the Respondent or a representative of the Respondent. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
On the basis of the uncontroverted evidence of the Complainant I am satisfied that this complaint under the Payment of Wages Act 1991 is well founded and I award the Complaint the sum of €140.40 in respect of unpaid wages and unpaid holidays that are due and owing to the Complainant. |
Dated: 5th March 2020
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Unpaid wages and holidays |