Complainant

Respondent

Parties

Employee

Employer

Representatives

None 

None

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00038094-001

19/06/2020

The complainant worked for the respondent between the 15th July 2019 to the 21st March 2020. He was paid €440 per week. This claim relates to pay due to the complainant for his last week of employment with the respondent and outstanding holiday pay.

The complainant outlined that the respondent had agreed to pay him holiday pay of about €500 or €600, but this was not paid. He finished his employment with the respondent on the Saturday, 23rd March 2020 and was paid every Wednesday. The last pay he received was on the 18th March 2020 and this covered the week up to the 14th March 2020. The complainant outlined that he had worked 40 hours during his last week, so should have been paid €440 as his pay was €11 per hour.

The complainant outlined that he worked 9 hours on each of the 18th and 19th March and was then off on the Friday, 20th March 2020. He attended work for one hour on the Saturday, but left after an hour, after the argument. This took place at around 10 am. He said that he had worked 9 to 6 and that he was only paid for 8 hours on the 18th and 19th March.

The complainant outlined that he commenced employment with the respondent on the 10th July 2019 and was paid €276. He stated that this was back pay for the period of the 10th to the 13th July 2019, and that he had worked a back week since then.

The respondent outlined that it owed the respondent €552 in holiday pay for four days accrued in 2020 and two days from 2019. It did not operate a back week and paid weekly every Wednesday for the preceding Wednesday to Tuesday, the day before pay day. The complainant commenced employment on the 10th July 2019. The respondent stated that they closed the business in March 2020 and paid everyone on the 18th March 2020. All employees then moved to the Pandemic Unemployment Payment.

The respondent payroll manager outlined that she did the wages on a Monday so that they were paid on a Wednesday. She issued pay slips to employees. She outlined that the first payment made in 2020 was on the 1st January and 12 payments had been made in that year. She said that the payment made on the 18th March 2020 covered the whole week, i.e. up to the following Saturday of that week. She said that the respondent closed on the Saturday as a result of the lockdown.

The respondent outlined that the complainant commenced on Wednesday, 10th July 2019 and received his first pay on the following Wednesday, 17th July 2019.

The respondent outlined that it paid for an eight-hour day and did not pay for lunch.

This is a complaint pursuant to the Payment of Wages Act. The complainant raised three issues in the complaint form. One was holiday pay he was due on the ending of his employment on the 21st March 2020. The second was not being paid the last week of pay he was due. The third – contained in the automated part of the complaint form – was not being paid notice pay.

The first issue was agreed by the parties at the hearing of the adjudication and is included in the decision for completeness. The parties agreed that the complainant was due €552 in accrued annual leave. The decision reflects that the complainant is owed €552 in holiday pay. 

The second issue is whether the complainant has been paid at all or in full for the last week of his employment, including the 18th, 19th and 21st March 2020. The complainant was paid his normal weekly pay of €440, but the dispute is whether this encompassed the pay due in the last week of his employment.

I accept the complainant’s evidence that in his first week of employment, he was paid €276, i.e. for three days between the 10th and 13th July 2019 and that this was paid to him on the 17th July 2019.

It follows that the payment made on the 18th March 2020 was for the week ending the 14th March 2020. The complainant worked the following week, until the ending of his employment on the 21st March 2020. I find that he worked his normal 40 hours. He is, therefore, due €440 in pay.

In respect of the third issue, I find that the complainant is not entitled to notice pay as he resigned his employment.

CA-00038094-001

I decide that the complaint is well-founded, and that the respondent shall pay to the complainant compensation of €552 in outstanding holiday pay and €440 in outstanding wages due.

Payment of Wages Act / holiday pay / back week