FULL RECOMMENDATION
PARTIES : LARKIN UNEMPLOYED CENTRE LTD DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No(s)ADJ-00004618 CA-00006333-001 The Complainant worked for the Respondent under a Community Employment, ‘CE’, scheme on rolling contracts from 2007. In May 2015, the Complainant’s weekly pay was reduced from €542.84 per week to €501.08 per week. The Complainant lodged a complaint under the Act with the Workplace Relations Commission, ‘WRC’ claiming that she was not paid correctly for public holidays and annual leave between 28 January 2016 and 27 July 2016. She also claimed that she was not notified of her start and finish times. The Adjudication Officer, ‘AO’, held that the complaint was not well founded. The Complainant appealed to this Court. This appeal is one of a number under this Act and other legislation involving the two parties. A first hearing identified that it would be preferable for all cases involving these parties to be taken together. At a second hearing, a preliminary issue of law was raised. The parties agreed to make submissions on this point of law and agreed also that the cases could then be determined based on submissions received rather than requiring further hearings. Deliberation. The complaint regarding alleged under-payments under this Act is based on a complaint of a breach of the Complainant’s rights under the Payment of Wages Act 1991. The Court has determined that there was not a valid claim for a breach of the Payment of Wages Act in the cognisable period.. Accordingly, there is no basis on which the Court could determine that there was any breach of the Complainant’s rights in respect of payments in the instant case under the 1997 Act and this complaint cannot be upheld. No evidence was offered to the Court in respect of the claimed breach of the Act regarding start and finish times. Accordingly, that element of the complaint cannot be upheld. Determination The Decision of the Adjudication Officer is upheld
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