ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00033780
Parties:
| Complainant | Respondent |
Parties | Paul Swanton | Drews Fuel And Go Ltd The Junction Vicars Road |
Representatives |
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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-00044602-001 | 13/06/2021 |
Date of Adjudication Hearing: 10/08/2021
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 to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
No objection was raised to the remote hearing.
Background
The complaint was employed by the respondent from the 5th February to the 26th May 2021. He was paid €673.08 per week gross (€596.73 net) working a 40-hour week
The complaint is seeking payment of wages due of €336.54 and holiday pay of €215.38
The respondent accepts that the complaint is owed holiday pay but refutes the complaint that the complaint is owed wages.
Summary of Complainant’s position
The complaint commenced employment with the respondent on the 5th February ‘21 as a part qualified Accountant. He stated that he was informed the manager on the 17th May that he was offered a position with another company. It was submitted that the Manager proposed that he would employ KPMG as his accountants and that a position as in-house accountant working for KPMG in training contract was offered to him. The complaint submits that he accepted the offer, however on Tuesday morning the 18th May the offer was withdrawn by the Manager.
On the 26th May 21 it was submitted that the atmosphere at work was very hostile from the Manager, and he (Manager) wanted him (complainant) to resign at the end of the day. The Complainant stated that this was out of the blue that he never received any disciplinary warnings during his employment with the respondent.
The complaint stated that he had received a phone call from recruitment agency. The Manager was in the office at the time and following the phone call the complainant stated that he was sent home by the Manager’s son, who is a director of the respondent.
At 14.03 the complaint stated that he received a phone call from the Manager stating that on taking the phone call from the Recruitment Agency he accepted this was his (complainant) resignation as of the 26th May 2021 and that he would be paid up until 13.15 on the 26th May 2021.
The complaint stated that he did not resign, and he was not given a weeks’ notice. His pay slip for week ending 29th May 2021 stated that his weekly pay was €0 Annual leave remaining 4.27 days, however no payment was received for holiday pay
The complaint stated that he was due 1.6 days holidays €215.38 and €336.54 for 2.5 days worked that week.
Summary of Respondent’s Position
The respondent submitted that the complaint had resigned his position and that he would not pay him any monies due to him.
The respondent also pointed out that that the complainant was paid his holidays money when he was out on sick leave
The respondent also submitted that he was not the owner as stated on the complaint form, he was a manager.
Findings
I find that both parties made their arguments to support their position
I find that that the complainant has an entitlement to his holiday pay that is due to him and based on the evidence he is due 1.6 days annual leave which amounts to € 215.38
I find that the complainant did work on the 24th 25th, and a half day on the 26th and he is entitled to be paid which amounts to €336.54
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.
Based on the evidence I find the complaint to be well founded and I award the complaint in terms of wages €336.54 and in respect of holiday pay €215.38 giving a total of €551.92
Dated: 9th September 2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
Payment of Wages |