ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026118
Parties:
| Complainant | Respondent |
Anonymised Parties | Housekeeping Supervisor | Hotel Services Company |
Complaint:
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-00033185-001 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00033189-001 | 17/12/2019 |
Date of Adjudication Hearing: 11/02/2020
Workplace Relations Commission Adjudication Officer: Eugene Hanly
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 Housekeeping Supervisor from 10th September 2019 to 1st December 2019. She worked full time and was paid €14.50 per hour. She has claimed that she was owed wages and holiday pay. The complaint CA 33189-001 was a duplicate |
Summary of Complainant’s Case: CA 33185-001
Wages The Complainant stated that for the period 23rd September to 6th October 2019 she earned €1,416.00 and was paid €952.30 she is owed €463.70. For the period 7th October to 20th October she earned €487.29 but received no pay. For the period 21st October to 1st December she earned €2,623.25 bur received no pay. She was owed a total of €3,574.24. Holidays She worked 392.5 hours and was entitled to 8 % = 31 hours holidays amounting to 31 X €14.50 = €449.50. She is owed a total of €4,023.74 She received a payment of €500.00 leaving €3,523.74 CA 33189-001 was a duplicate |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. The Respondent sent by email a full payroll statement. In summary they stated that she received the following payments: 17/1 952.30 30/9 1,266.40 9/2 500.00 ? 492.00 They stated that the following is outstanding :- 613.74 + 747.61 + 1,577.32 less 500 paid = €2,438.63 |
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Findings and Conclusions:
I note that the Respondent did not attend was not represented. I note that they supplied details of payments made and amounts due according to their accountants. |
I note that the Complainant stated that she is owed €3,523.74 and the Respondent asserts that she is owed €2,438.63.
I note that I received direct evidence from the Complainant only.
Therefore, on the balance of probability I accept the Complainant’s evidence and I find that she is owed €3,523.74.
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.
I have decided that the Respondent has breached Sec 5 of this Act.
I have decided that this complaint is well founded.
I require the Respondent to pay the Complainant €3,523.74 within six weeks of the date below.
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Dated: 31/3/2020
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Unpaid wages and holiday pay |