Complainant

Respondent

Parties

Domagoj  Banozic

Pat The Baker

Representatives

  Self-represented

Michael McGrath IBEC

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-00025400-003

29/01/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00025400-004

29/01/2019

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and one witness for the respondent took the affirmation at the outset.  The complainant gave evidence, and the respondent representative was given the opportunity to cross examine but declined.  The respondent witness was not called upon to give evidence.

CA-00025403-003 Payment of Wages

The complainant submitted that he did not receive appropriate payment from the respondent in respect of his working hours and holiday entitlements.

CA-00025403-003 Working Hours

The complainant submitted that he was required to work more hours than the legislation permits.

CA-00025403-003 Payment of Wages

The respondent accepted the breach in of the legislation and submitted that the complainant was entitled to €746.94 in unpaid wages and commission.

CA-00025403-003 Working Hours

The respondent denied that the complainant worked more hours than permitted under legislation and submitted printouts of the complainant’s timesheets.  The respondent submitted that these outline that the complainant was working less than the 48 hours outlined in the legislation.

The respondent submitted that the complainant has not submitted any proof or detail regarding his complainant regarding working hours.

CA-00025403-003 Payment of Wages

The respondent has accepted that it breached the legislation and submitted that this amounts to €746.94.  This figure was not contested by the complainant.  Accordingly, I find that the Act has been contravened and the complainant is entitled to compensation in the amount of €764.94

CA-00025403-003 Working Hours

The complainant contended that he was required to work more hours than provided for in the legislation however he provided no written evidence of this and was not able to provide detail in relation to any of his allegations regarding his working time.  He submitted that on occasion he worked six days a week.  The respondent provided a printout of the complainant’s working hours for a six month period showing that he worked occasionally over the 48 hours per week and occasionally worked a six-day week.  However, the printout also showed that the average weekly working hours over the period amount to less than the 48 hours outlined in the Act.

Section 15 of the Organisation of Working Time Act, 1997 states as follows:

Weekly working hours.

15.—(1) An employer shall not permit an employee to work, in each period of 7 days, more than an average of 48 hours, that is to say an average of 48 hours calculated over a period (hereafter in this section referred to as a “reference period ”) that does not exceed—

(a) 4 months, or

(b) 6 months—

(i) in the case of an employee employed in an activity referred to in paragraph 2, point 2.1. of Article 17 of the Council Directive, or

(ii) where due to any matter referred to in section 5, it would not be practicable (if a reference period not exceeding 4 months were to apply in relation to the employee) for the employer to comply with this subsection,

or

(c) such length of time as, in the case of an employee employed in an activity mentioned in subsection (5), is specified in a collective agreement referred to in that subsection.

The complainant was not in a position to refute these records and did not provide any detail whatsoever to contradict the written log of his hours. Having regard to the foregoing and to the evidence provided by the respondent, I find that the complaint is not well founded.

CA-00025403-003 Payment of Wages

Having regard to all of the written and oral evidence presented in relation to this matter, my decision is that the Act has been contravened and I direct the respondent to pay the complainant compensation of €764.94 in respect of the loss of wages.

CA-00025403-003 Working Hours

Having regard to all the written and oral evidence presented by the parties in relation to this matter, my decision is that the complaint is not well founded.

Payment of Wages – breach accepted – compensation awarded – Organisation of Working Time Act – complaint not supported by the available records - no evidence to demonstrate a breach