ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037974
Parties:
| Complainant | Respondent |
Parties | Edita Baltrusaityte | Mandy Keever t/a Keevers Pub |
Representatives | Self-represented | No appearance |
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-00049451-001 | 29/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00049451-002 | 29/03/2022 |
Date of Adjudication Hearing: 14/03/2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complaints are that the Respondent failed to pay to the Complainant two weeks pay and that she was not furnished with written terms of conditions of employment.
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Summary of Complainant’s Case:
The Complainant worked as Front of House Manager in the Respondent’s business. Her pay was €18.80 per hour and her hours of work varied. In Summer the hours could be in or around 45 per week. The establishment closed down on 26th December 2021. In a subsequent discussion between them, the Respondent advised the Complainant that she could not afford a Manager. The Complainant’s employment effectively terminated on 26th December 2021. She did not receive payment for annual leave accrued. She also did not receive a written contract. |
Summary of Respondent’s Case:
The Respondent, having been advised of the date and time and venue for the hearing convened to consider the complaints, did not attend the hearing or provide any explanation for her absence. |
Findings and Conclusions:
CA-00049451-001 Payment of Wages Act 1991 Section 5 (6) of the Act provides: (6) Where - |
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( a ) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or |
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( b ) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, |
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then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. Based on the uncontested evidence of the Complainant, I find her complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €1,600. CA-00049451-002 Terms of Employment (Information) Act 1994 Section 3(1) of the Terms of Employment (Information) Act provides “An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment”… Based on the uncontested evidence of the Complainant, I find her complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €1,000 compensation for breach of the Act. |
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00049451-001 Payment of Wages Act 1991
I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €1,600.
CA-00049451-002 Terms of Employment (Information) Act 1994
I have decided that the complaint is well founded. I require the Respondent to pay to the Complainant the sum of €1,000 compensation for breach of the Act.
Dated: 12th April 2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Payment of Wages, annual leave pay, well founded, Terms of Employment (Information) Act, well founded. |