ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026678
Parties:
| Complainant | Respondent |
Anonymised Parties | A Barman | A Football Club |
Representatives | none | none |
Complaint(s):
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-00033768-002 | 14/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033768-003 | 14/01/2020 |
Date of Adjudication Hearing: 23/02/2021
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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. The complaints were heard by way of a remote hearing
Background:
The complainant was employed as a barman with the respondent football club. His employment terminated on 18 November 2019. He has made claims under the Payment of Wages Act and the Organisation of Working Time Act. |
Summary of Complainant’s Case:
The complainant stated that he has worked for the respondent as a barman for 12 years. His employment ended on 18 November 2019. He states that he is owed wages from the respondent for the months of August, September, October and November 2019 as follows; August 60 hours @ €12 per hour = €720 September 38 hours @ €12 per hour = €456 October 18 hours @ €12 per hour = €216 November 18 hours @ €12 per hour = €216 The complainant states that he is also owed annual leave/ holiday pay in the amount of €600.
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Summary of Respondent’s Case:
The Secretary of the respondent football club attended the hearing. He stated that while they had various events/functions during 2019, they were struggling from July 2019 onwards and there was a fall off in income coming in, on that basis. The Secretary of the Club stated that the complainant was a very good worker but unfortunately events/ functions did not materialise and the Club was not in a position to pay him. He confirmed that the complainant was owed €1608 in wages and holiday pay in the amount of €600. |
Findings and Conclusions:
Having heard the evidence and taking into account the documentation submitted by the complainant, I find that the respondent is in breach of the Payment of Wages Act and accordingly I find that the complainant’s claim is well-founded. I direct that the respondent pay the complainant €1608 in wages owed to him in respect of this claim.
I find that the complainant has established a breach of the Organisation of Working Time Act. I am satisfied that his complaint in relation to holiday pay is well-founded. In this regard, I direct the respondent to pay the complainant €600 in respect of said breach. |
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.
I find that the respondent is in breach of the Payment of Wages Act and accordingly I find that the complainant’s claim is well-founded. I direct that the respondent pay the complainant €1608 in wages owed to him in respect of this claim.
I find that the complainant has established a breach of the Organisation of Working Time Act. I am satisfied that his complaint in relation to holiday pay is well-founded. In this regard, I direct the respondent to pay the complainant €600 in respect of said breach. |
Dated: 12/03/2021
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Organisation of Working Time Act, payment of wages |