ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033161
Parties:
| Complainant | Respondent |
Parties | Michael Forde | Panscape Partitions Systems Limited |
Representatives | Self-represented | Self-represented |
Complaint:
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-00043905-001 | 05/05/2021 |
Date of Adjudication Hearing: 10/09/2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 5th May 2021, the complainant referred a complaint pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 10th September 2021. The hearing was held remotely.
The complainant and respondent director attended the adjudication. In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
The complainant outlined that he worked for the respondent and was assigned to a site operated by a third party, which paid the respondent for the complainant’s services. The complainant provided maintenance on site. The dispute relates to the complainant’s entitlement to two hours travel money per day, including days of leave. The complainant was left short and claims €292.60. |
Summary of Respondent’s Case:
The respondent outlined that it ceased to pay the complainant the travel money because it could not afford it. It then began paying one hour per day but not on days of leave. The respondent director accepted that the third party was paying it more in the hourly rate than was in turn paid to the complainant. |
Findings and Conclusions:
CA-00043905-001 I find that the complainant has a contractual entitlement to two hours of travel money per day, including days of leave. This is a contractual payment and not an expense. The complaint is, therefore, well-founded and the respondent shall pay to the complainant compensation of €292.60. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00043905-001 I decide that the complaint pursuant to the Payment of Wages Act is well-founded and the respondent shall pay to the complainant compensation of €292.60. |
Dated: 4th January 2023
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act / travel money |