ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031112
Parties:
| Complainant | Respondent |
Parties | Dominic Coll | R G Mechanical Ryan Gallagher |
Representatives | Brian Nolan Connect Trade Union |
|
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-00041535-001 | 14/12/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00041535-002 | 14/12/2020 |
Date of Adjudication Hearing: 20/08/2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The respondent indicated to the WRC that he would not be attending the hearing of this matter as he had a series of weddings to attend. The respondent was asked for clarification of matters and to seek a postponement of the hearing in accordance with the procedures set down by the WRC for such matters but did not make any further contact. The hearing proceeded in the absence of the respondent. The complainant gave his evidence under affirmation. |
Summary of Complainant’s Case:
The complainant submitted that he was employed by the respondent as a Plumber/Pipefitter with the respondent between 31 August and 16 September 2020. He was engaged at a rate of €24.89 basic and €37.33 for the hours above that. The complainant submitted that these rates were laid in the National Collective Employment Agreement underpinned by a Sectorial Employment Order - SI 59 of 2018 CA-00041535-001 The complainant submitted that he carried out 98 hours at a basic rate and 15.5 hours at time and a half and provided a written account of his attempts to try to recoup his wages. CA-00041535-002 The complainant submitted that arising from the hours he worked, he was also entitled to holiday pay of 8 hours in accordance with the provisions of the Organisation of Working Time Act, 1997. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this matter. |
Findings and Conclusions:
CA-00041535-001 Having considered the written and oral evidence of the complainant, I am satisfied that the complainant has established that he was not paid the wages that were due to him and accordingly, I find his complaint well founded. CA-00041535-002 Having considered the written and oral evidence of the complainant, I am satisfied that the complainant has established that he was not paid the holiday pay that was due to him and accordingly, I find his complaint well founded. |
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.
CA-00041535-001 Having regard to my finding that this complaint was well founded, my decision is to award the complainant the amount of the wages due to him, i.e., €2,439.22 which I consider to be reasonable in all the circumstances. CA-00041535-002 Having regard to my finding that this complaint was well founded, my decision is to award the complainant the amount of €500.00 which I consider to be just and equitable in all the circumstances. |
Dated: 21-09-2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages, Organisation of Working Time, Well founded complaint, compensation |