ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025760
Parties:
| Complainant | Respondent |
Parties | Flavia Aparecida Da Costa Azevedo | Silver Owl Limited Clipped Dublin |
Representatives | Philip Lynch Citizens Information | Not Applicable |
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-00032811-001 | 09/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00032811-002 | 09/12/2019 |
Date of Adjudication Hearing: 29/04/2021
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The complainant (beauty therapist) worked for the respondent (beauty salon/hairdressers) from 1 May until 6 November 2019. Arising therefrom, she alleges that she was not paid her full wages or accorded her annual leave and public holiday entitlements. |
Summary of Complainant’s Case:
The complainant worked for the respondent from 1 May 2019 until 6 November 2019, but did not receive all her Annual Leave or Public Holiday entitlements. Also, she did not receive payment for her last two weeks’ work.
CA-00032811-001 In total, the complainant worked for the respondent for 20 hours per week at a rate of €10 per hour. She is owed around €400 for her last two weeks work. Under this complaint it was also pointed out that during her employment there were 3 Public Holidays. Hence, her entitlement as a part-time worker is 1/5 of her working week which is (1/5 of 20 hours multiplied by three for the 3 Public Holidays or) 12 hours. Paid at a rate of €10 p/h, this gives rise to an outstanding sum of €120. The claimant’s rep. requested that the claimant be compensated at least this much for breach of the Act on the part of her employer.
CA-00032811-002 The complainant worked for the respondent from 1 May 2019 until 6 November 2019. This is roughly 27 weeks at 20 hours per week, giving rise to an accumulated 540 hours worked. Under the Organisation of Working Time Act, she is entitled to 8% of her hours worked in Annual Leave. This gives rise to an entitlement equivalent of 43.20 hours, paid at €10 p/h comes to €432.00 owed in Annual Leave.
Summary: In total, the claimant did not receive entitlements to the value of: Annual Leave €432.00 and Public Holiday Leave €120 and Unpaid Wages €400.00 – Total Due: €952.00
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Summary of Respondent’s Case:
Not Applicable.
The respondent failed to attend hearings scheduled on Feb. 25th and April 29th, 2021 – though in both instances the hearing was deferred for ~20 mins. to enable their attendance.
Note: According to the Workplace Relations Commission’s Case Officer, every attempt was made to contact the respondent, albeit without success. According to the complainant ‘the company has failed to respond to correspondence from both the complainant and the WRC. The company was registered at an address in Dalkey, Co Dublin at the time of the complaint but has since registered a new company address in St Stephen’s Green, Dublin 2’. |
Findings and Conclusions:
Given the respondent’s absence at both scheduled hearings, the Adjudication Officer is reliant upon the claimant’s evidence. Accordingly, it is the Adjudication Officer’s finding and conclusion that: CA-00032811-001 In total, the complainant worked for the respondent for 20 hours per week at a rate of €10 per hour. She is owed around €400 for her last two weeks work. Under this complaint it was also pointed out that during her employment there were 3 Public Holidays. Hence, her entitlement as a part-time worker is 1/5 of her working week which is 1/5 of 20 hours multiplied by three (for the 3 Public Holidays) or 12 hours. Paid at a rate of €10 p/h, this gives rise to an outstanding sum of €120. The claimant’s rep. requested that the claimant be compensated at least this much for breach of the Act on the part of her employer.
CA-00032811-002 The complainant worked for the respondent from 1 May 2019 until 6 November 2019. This is roughly 27 weeks at 20 hours per week, giving rise to an accumulated 540 hours worked. Under the Organisation of Working Time Act, she is entitled to 8% of her hours worked in Annual Leave. This gives rise to an entitlement equivalent of 43.20 hours, paid at €10 p/h comes to €432.00 owed in Annual Leave.
Summary: In total, the claimant did not receive entitlements to the value of: Annual Leave €432.00 and Public Holiday Leave €120 and Unpaid Wages €400.00 – Total Due: €952.00 |
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.
CA-00032811-001 The complaint is well founded and the respondent is to pay the complainant €520.
CA-00032811-002 The complaint is well founded and the respondent is to pay the complainant €432. |
Dated: July 8th 2021
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Key Words:
Pay Annual Leave Public Holidays |