ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023575
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Plant Hire Company |
Representatives | Self Represented | Self represented |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00020766-009 | 24/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00020766-010 | 24/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00020766-001 | 24/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020766-003 | 24/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020766-004 | 24/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020766-007 | 24/07/2018 |
Date of Adjudication Hearing: 31/10/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 45A of the industrial Relations Act 1946, Section 23 of the Industrial Relations Act (Amendment) Act 2015, Section 24 of the National Minimum Wage Act 2000 and Section 6 of the Payment of Wages Act 1991, 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.
Summary of Complainant’s Case:
The Complainant was employed by the Respondent as a Driver from 26th February 2018 to 12th April 2018. He has various complaints concerning disputes he has with the employer around wages. |
Summary of Respondent’s Case:
The Respondent stated that the Complainant was paid all wages due for the 28 days he worked in the employment. He received €120 per day, 4 overnights @ €20, 2 Public Holidays @ €85, 2 annual leave days @ €85. The Respondent is at a loss to understand what the actual complaints are. |
Findings and Conclusions:
Having heard and considered the evidence in this case, I conclude that the calculations made by the Complainant were incorrect and did not take into account all payments made. I am satisfied that the employer in this case, paid the employee the agreed daily sum for the work carried out and there is no shortfall in wages paid. For this reason, I have decided that the Complainant’s complaints regarding National Minimum Wage, Employment Regulation Orders and the Industrial Relations Acts 1946 and 2015 are not well founded. |
Decision:
These complaints are not well founded.
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Dated: 5th May 2020
Workplace Relations Commission Adjudication Officer: Gaye Cunningham