Complainant

Respondent

Parties

Mark  Gallagher

Roadbridge Ltd (In receivership)

Representatives

 In person

 Did not attend.

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-00048720-001

20/02/2022

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00048720-002

20/02/2022

Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015

CA-00048720-003

20/02/2022

The Complainant was employed by the Respondent from 07/02/2022 until 11/02/2022, he was employed as a carpenter.

This complaint was received by the Workplace Relations Commission on 20th February 2022.

The Complainant contends that he was employed from 07/02/22 until his dismissal on 11/02/2022. On 08/02/22 the Complainant was issued with a contract of employment by the Respondent. This contract was then revoked 3 days later.

The Complainant had previously been employed by an agency and was working on one of the Respondent sites and when he issued resignation notice he was offered direct employment by the Respondent which he accepted. Said employment contract was revoked by the Respondent after a period of one week with no explanation offered to the Complainant.

The Complainant was not paid wages by the Respondent for the work he had completed between 07/02/2022 to 11/02/2022.

The Complainant contends that he was unfairly dismissed by the Respondent.

The Complainant contends that he was not paid in compliance with the Sectoral Employment Order for the Construction Industry.

The Respondent did not attend the hearing of the complaint.

An employee of the Respondent’s Human Resources Management informed the WRC that due to the company having gone into receivership she would not be attending the hearing of the complaints.

CA – 00048720 – 001 – complaint submitted under s.6 of the Payment of Wages Act, 1991.

The complainant was due wages for the work he had done.

The complaint as submitted is well-founded.

I now order the Respondent to pay the complainant the sum of €943.36 in relation to this complaint.

CA – 00048720 – 002 – complaint submitted under the Industrial Relations Acts.

The complaint as submitted is well-founded and I now order the Respondent to pay the sum of €1,886.72 (representing two weeks wages for the period of unemployment) in compensation to the Complainant.

CA – 00048720 – 003 – complaint submitted under s.23 of the Industrial Relations (Amendment) Act 2015.

The Complaint as submitted is well-founded.

The Sectoral Employment Order (Construction Sector) 2021 came into effect on 1st February 2022. This sets the statutory minimum rates of pay and other conditions (sick pay and pension entitlements) for persons employed in the construction sector. Statutory Instrument No 598/2021 amends Statutory Instrument No 234/ 2019 and both statutory instruments should be read together.

I now order the Respondent to pay the difference between the old and new pay rates. I believe this sum is approximately €25.

This sum should now be paid to the Complainant.

All monies awarded to the Complainant should be made within 42 days from the date of this decision.

As outlined above.