ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021915
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | A scaffolding company |
Representatives | Shonagh Byrne SIPTU |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00028721-001 | 28/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028721-002 | 28/05/2019 |
Date of Adjudication Hearing: 06/11/2019
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Acts 1969 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The respondent is a scaffolding company operating in the midlands. |
Summary of Complainant’s Case:
The complainant submitted that he was employed as a scaffolder from 18 September 2018 until 15 March 2019. He submitted that he was not paid the appropriate rate in accordance with the Sectorial Employment Order and that the underpayment amounted to €5688 in respect of underpaid wages. He submitted payslips and other documentation to support his complaint. The complainant also submitted that he was not paid the correct amount in relation to Annual Leave and Public Holidays. The complainant submitted that the appropriate amount was not paid into the Construction Industry pension fund. The complainant is seeking payment of compensation in relation to the breaches of the Organisation of Working Time Act, 1997. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of these matters. I am satisfied that they were on notice of this hearing and have offered no explanation for their absence. |
Findings and Conclusions:
CA-00028721-001 The complainant lodged his claim on 28 May 2019, as the time limits contained in the Act allow for consideration of the preceding six-month period from the date of application, I can only consider evidence in the case dating back to 28 November 2018 (i.e. 15 weeks plus three days). Having considered all the evidence presented to me I find that the complainant has established a well-founded claim under Section 23 of the Industrial Relations (Amendment) Act, 2015 that he was not paid in accordance with the SEO. The respondent has not rebutted this claim and accordingly, the complainant is entitled to succeed in relation to this element of the complaint. CA-00028721-002 The complainant lodged his claim on 28 May 2019, as the time limits contained in the Act allow for consideration of the preceding six-month period from the date of application, I can only consider evidence in the case dating back to 28 November 2018(i.e. 15 weeks plus three days). Having considered all the evidence presented to me I find that has established a well-founded claim under Section 27 of the Organisation of Working Time Act, 1997 that he did not receive the amounts to which he was entitled. The respondent has not rebutted the claim and accordingly, the complainant is entitled to succeed in relation to this element of his complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA-00028721-001 In accordance with the provisions of the Industrial Relations Amendment Act, 2015 I have found in favour of the complainant and my decision is to award €3,416.49 in compensation in relation to the underpayment of wages (609 hours x €5.61) under this Act to the Complainant and I direct the respondent to pay €399.45 into the Construction Industry Pension Fund (15 weeks x €26.63). CA-00028721-002 In accordance with the provisions of the Organisation of Working Time Act, 1997, I have found in favour of the complainant and my decision is to award €273.32 in respect of the underpayment of the annual leave entitlement for the period in question (48.72 hours x €5.61) and €634.95 in respect of the public holiday entitlement (3 applicable Public Holidays). |
Dated: 7th May 2020
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Underpayment, Sectorial Employment Order, Compensation |