Complainant

Respondent

Anonymised Parties

Cleaning Operative

Contract Cleaning Company

Representatives

Vadim Karpenko of First National Conssulting and Legal Services

none 

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00038733-001

15/07/2020

The complainant claims she did not receive the correct payment during the early stages of the Codid-19 pandemic, when the respondent claimed the Temporary Wage Subsidy Scheme (TWSS) from the Government.

The complainant submits she worked for the respondent from 1 November 2010, at the time of the claim she normally worked 20 hours per work at €10.80 per hour, giving a gross pay of €432.00 per fortnight. At the beginning of the Covid-19 pandemic she was told by the respondent to claim the Pandemic Unemployment Payment (PUP). Then she was told she did not have to complete the PUP form and she would receive full pay for at least 12 weeks. She was paid the full amount for the first fortnight, commencing 22 March 2020. The next fortnight period she worked 8 hours and was only paid €312.99. She was paid €312.99 for the following fortnight. She heard she was paid for the hours worked and any other hours paid 70%. She did not understand what this meant. The following fortnight she was paid €422.29 and her wages were calculated in the same way until the end of August 2020. She understands she was paid 85% of actual wages. However, the respondent failed to inform her properly, and it is a requirement of the Terms of Employment (Information) Act and the Payment of Wages Act to notify an employee in writing about the nature and change to pay. The complainant calculated her total loss of earnings as €325.41.

The respondent submits that under TWSS where the paid hours worked fell below those normally worked they were topped up to 70% of ‘Average Weekly Net Pay’ from 25 March 2020, and 85% from 1 May 2020. ‘Average Weekly Net Pay’ was calculated by Revenue based on earnings in January and February 2020, and they were bound to use this figure.

The respondent submits they made the correct payments to the complainant under the TWSS and she was informed of the payments correctly.

This claim relates to the notification and payment of the complainant’s wages and TWSS payments in the early part of the Covid-19 pandemic. Initially, the respondent’s staff were encouraged to apply for the PUP, which was put in place for all those who lost their employment as a result of the effects of the pandemic. Then they became aware of the TWSS and registered all eligible staff on this scheme. I have looked at the outline of the TWSS and seen the payments received by the complainant during this payment. I am satisfied the complainant was correctly paid by the respondent, in accordance with the TWSS.

The initial communication from the respondent may have seemed confusing to the complainant. However, I conclude the respondent acted in good faith throughout this period. Also, the period referred to was one of great uncertainty for everyone. When she asked the complainant was told she was being paid under the TWSS but she did not understand the payments she was receiving. Given the great uncertainty of this period I think it was reasonable that the complainant could look up the Scheme and ascertain if she was being correctly paid. The respondent had over 250 staff and was doing their best to keep their contracts and their staff in employment, and to make sure everyone was correctly paid.

I conclude the complainant received the pay she was entitled to and was given sufficient information to know her entitlements during this period.

For the reasons given above I find this complaint is not well founded.