ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027531
Parties:
| Complainant | Respondent |
Anonymised Parties | Cleaner | Contract Cleaning Providers |
Representatives | none | HR Manager AFM Ireland Operations Director |
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-00035308-001 | 18/03/2020 |
Date of Adjudication Hearing: 20/01/2021
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act (or Acts) contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally, and where appropriate, heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
In particular, the Complainant herein has referred the following complaint:
A complaint of a contravention of Section 5 of the Payment of Wages Act, 1991, that is, a Complaint of an unlawful deduction having been made from the Employee’s wage. Pursuant to Section 6 of the said 1991 Act. In circumstances where the Adjudicator finds that the complaint of a contravention of Section 5 aforesaid is deemed to be well founded, then the Adjudicator can direct that the employer pay to the employee an amount which is subject to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991.
Section 5 of the Payment of Wages Act, 1991 sets out the instances wherein deductions can and cannot be made.
Section 5 (1) states that an employer shall not make a deduction from an employee unless:
The deduction is required by Statute or Instrument;
The Deduction is required by the Contract of employment;
The employee has given his prior consent in writing;
Section 5 (2) does allow for some limited instances for deduction in respect of an Act or Omission or for the provision of something to the Employee. This might be where the deduction is specifically provided for in the Contract of Employment (and so on notice), the deduction is considered to be fair and reasonable in all the circumstances and the Employee is on notice of the existence and effect of the said terms which the Employer claims allows for the deduction.
It is noted that per Section 4 an Employer shall give or cause to be given to an employee a statement in writing which will specify the gross amount of wages payable to the employee and the nature and the amount of any and all deductions taken therefrom.
By way of preliminary observation, I am satisfied a Contract of Employment existed between the parties such that a wage defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment. I further find that the Complainant’s Workplace Relations Complaint Form dated the 18th of March 2020 was submitted within the time allowed.
Background:
This case was heard remotely following an invitation issued by the WRC. I am satisfied that the parties were given every opportunity to present their respective cases although (a little time into the process) the Complainant had to switch off her video and proceed on the basis of sound only. In addition, the parties have each been given a chance to test the evidence presented by the other. The Complaint herein was initiated by workplace relations complaint form dated the 18th of March 2020. The claim is one for payment of wages. |
Summary of Complainant’s Case:
The Complainant gave her own evidence. The Respondent witnesses were afforded an opportunity to test her evidence. |
Summary of Respondent’s Case:
The Respondent provided me with a brief submission and gave oral evidence (through its HR Manager) as to the Respondent’s position. |
Findings and Conclusions:
I have carefully considered the evidence adduced in the course of this hearing. The Complainant commenced her employment with the Respondent Agency in and around June 2019. The Complainant was a cleaner and was to be placed onto a client site. The Complainant cannot recall receiving a Contract of Employment. The Complainant primarily worked in a shop in Monkstown and was working up to 40 to 43 hours a week. The Complainant said in evidence that she believed a mistake had been made with one of her payslips towards the end of the year (November/December) and that her payment was light by about €283.00. This was €86.00 for 8 standard hours and €197.20 for 18 hours holiday pay. On or about the 8th of December the Complainant made a decision that she had had enough of this job. The Complainant rang her Manager and said that she was exhausted working all day and that she was frustrated that she was not paid in full. Her Manager was disappointed to let her go but understood. The parties had some further communication as the Complainant wanted her correct payment. There was some email and Whats App communication. Ms. D gave evidence on behalf of the Respondent company as its HR Manager. Ms. D indicated that the Company were happy to pay the monies that the Complainant said was due and owing to her and had tried to communicate this willingness in advance of the hearing. Ms. D indicated that the company had tried to confirm that the monies were due but because the Complainant’s line Manager no longer worked for them, so they could not confirm the claim. In any event, the Respondent company indicated it would make the payment through the next payroll scheduled for 29th of January 2021. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00035308-001 –
The Complaint herein is well founded and I direct that the Employer pay to the Employee the sum of €283.60
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Dated: 17th June 2021
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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