ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00030865
Parties:
| Complainant | Respondent |
Anonymised Parties | Cleaner | Shop |
Representatives |
| Diane Reidy O'Sullivan Reidy Solicitors |
Complaints:
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-00041171-001 | 20/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00041171-003 | 20/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00041171-004 | 20/11/2020 |
Date of Adjudication Hearing: 05/10/2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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.
Background:
The employee was employed from the 6th of October 2020 until the 13th November ’20 working 20 hours per week as a cleaner. She complained that she was not paid the money that was due to her. |
Summary of Complainant’s Case:
CA—0041171-003 Unfair Dismissal/ Industrial Relations Act 1969 The employee was employed from the 6th of October 2020 until the 13th November ’20 working 20 hours per week as a cleaner. The Employee stated because she asked for a pay slip, she was Unfairly dismissed. CA-00041171-004 Payment of Wages Act 1991 The employee was employed from the 6th of October 2020 until the 13th November ’20 working 20 hours per week as a cleaner. The Employee stated that she did not receive payment due to her on termination of employment. Ca-0041171-005 The employee was employed from the 6th October 2020 until the 13th November ’20 working 20 hours per week as a cleaner. The Employee stated that she had not received the appropriate notice on termination of her employment |
Summary of Respondent’s Case:
The Employer submitted that the employee did get paid her correct wages, however in the absence of a tax certificate emergency tax had to be deducted. The Employee was not Unfairly dismissed from her employment she had less than six weeks service with the employer. She received all her entitlements. |
Findings and Conclusions:
CA-00041171-001 I find based on the evidence the employer had to deduct the necessary statutory deductions from wages CA—0041171-003 I find that the service the employee had with the employer was less than 6 weeks service. I find that I cannot support the employees complaint CA-00041171-004 I find that based on the evidence supplied statutory deductions had been made from the employees’ wages and I finds no other deductions took place. Ca-0041171-005 I find that employee had less that six weeks service to be entitled to notice an employee must have a minimum of 13 weeks service to quality for notice in accordance with the Act. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Ca-00041171-001 I find that complaint is not well founded and falls
CA-00041171-003. I find that I cannot support the employees’ position on her dismissal complaint
CA-00341171-004 I find that complaint is not well founded and falls
Ca-=0041171-005 I find that the complaint is not well founded and falls
Dated: December 12th 2022
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
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