Complainant

Respondent

Parties

Mazez  Alheseny

Mater Private Hospital

Complainant

Respondent

Anonymised Parties

{A Scientist}

{A Hospital}

Representatives

Terry Casey Medical Laboratory Scientists Association (MLSA)

Roy Horan TO ISSUE BY EMAIL TO: cases@ibec.ie

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-00042693-001

24/02/2021

The Complainant was employed by the Respondent as a medical scientist from 17th February 2016 until 15th January 2021.

The Complainant commenced employment with the Respondent in February 2016. She was paid €31,048, in accordance with point 1 of grade 6 of the HSE scales for a Medical Scientist (2013 scale).

On 31 January 2020 the Complainant contacted the Respondent to advise she was on the incorrect point on the scale given her prior experience. The Respondent agreed to pay a sum in respect of arrears from January 2020 and to place her on the correct scale. The Complainant was only paid arrears as far back as April 2020, the Complainant notified the Respondent of this error and payment of arrears to January 2020 of €3,887.18, January to April 2020 based on point 6 of the payscale and May to December 2020 based on point 7 (to include the 1 October pay increase) was made.

The Respondent has not responded to requests to discuss the Complainant’s grievance. The Respondent would not agree to pay full retrospective payment to 2016. The complaint was received by the Workplace Relations Commission on 24th February 2021.

The Complainant commenced employment with the Respondent in February 2016. She signed a Statement of Terms and Conditions providing for payment of €31,048, in accordance with point 1 of grade 6 of the HSE scales for a Medical Scientist (2013 scale).

On 31 January 2020 the Complainant contacted the Respondent to advise she was on the incorrect point on the scale given her prior experience. The Respondent agreed to correct this and pay a sum in respect of arrears from January 2020. The Complainant was paid arrears as far back as April 2020 in error, the Complainant notified the Respondent of this error and payment of arrears to January 2020 of €3,887.18, January to April 2020 based on point 6 of the payscale and May to December 2020 based on point 7 (to include the 1 October pay increase) was made to the Complainant.

The Respondent says the complaint was lodged on 24 February 2021, accordingly the reference period is 25 August 2020 to 24 February 2021. The Complainant’s claim relates to the time period prior to January 2020, this period falls outside the reference period and therefore the claim is time barred.

The Complainant applied for Medical Scientist role advertised role which specified the starting salary was on the 1st point of the HSE scale for a Medical Scientist. The Complainant accepted the role, as advertised. It was only in January 2020, after being paid in accordance with the contractual amount for 3 and half years that the Complainant raised the issue of pay. The Respondent was under no contractual obligation to pay the Complainant in excess of the amount provided for in the Statement of Main Terms and Conditions of Employment. The Complainant has been paid all amounts “properly payable” to her, without any unlawful deduction.

I have heard and considered the written and oral submissions of the parties.

The Complainant has made a complaint pursuant to S6 of the Payment of Wages Act 1991 that an unlawful deduction has been made from her wages as she has not been paid on the correct scale by the Respondent.

The Respondent makes a preliminary objection to the complaint that it is statute-barred. The Complainant was appointed to her position on point 1 of the scale in February 2016. When the Respondent was notified the Complainant’s point on the scale was incorrect in January 2020, they adjusted the scale. It is accepted the Respondent then paid arrears of wages on the correct scale backdated to January 2020.

The Complainant’s complaint of breach of S6 of the Payment of Wages Act 1991 was received by the Workplace Relations Commission on 24th February 2021.

S41 of the Workplace Relations Act 2015 provides;

(6) Subject to subsection (8) an Adjudication Officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of contravention to which the complaint relates…..

(8) An Adjudication Officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7)( but not later than 6 months after such expiration)as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.

No evidence has been provided of a breach of S6 of the Payment of Wages Act 1991 within the statutory period of six months prior to receipt of the complaint by the Workplace Relations Commission. I find the complaint is not well founded and is statute-barred.

The complaint is not well founded as it is statute-barred.

Retrospective payment, statute-barred claim