ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023895
Parties:
| Complainant | Respondent |
Anonymised Parties | Worker | Restaurant |
Representatives | None | None |
Complaint(s):
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-00030459-001 | 23/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030459-002 | 23/08/2019 |
Date of Adjudication Hearing: 01/02/2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Payment of Wages Act 1991
CA-00030459-001
Background
The claimant was employed by the respondent from the 24th of March 2019 to the 4th of August 2019.
She was paid € 8 per hour worked from Monday to Saturday and €8.80 for hours worked on Sundays.
The claimant submitted the business closed and she got no notification whatsoever from the respondent. She had made various attempts to contact the respondent, but she got no response from him.
Findings
The respondent did not attend.
I find that the claimant worked an average of 27 hours per week.
I find based on her service the claimant is entitled to one week’s notice.
Ca-00030459-002
The claimant submitted that she worked from the
- 13th July to the 19th July 2019 and she was owed €262.40 and she was not paid her wages that was due.
- from the 20th July to the 26th July 2019 and she was not paid €192.40 in wages that was due
- 27th July to the 2nd August 2019 and she did not receive any wages of
€271.20. for the week.
The claimant also submitted that she was owed holiday pay for the 495 hours she had worked for the respondent x 8% = 39.60 hours holiday pay = €317.12
The claimant submitted that she is owed both in wages and holiday pay a total of €1043.12.
Findings
The respondent did not attend.
I find that the claimant submitted details of dates and times worked for the relevant weeks where she did not get paid.
The claimant also submitted details of hours worked where she did not get holiday pay.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I decide in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00030459-001
Based on the uncontested evidence I find the complaint to be well founded and I award the claimant €216 gross.
CA-00030459-002
Based on the uncontested evidence I find the complaint to be well founded and I award the claimant €1043.12
Dated: 12th May 2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words: Payment of Wages Act 1991
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