ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034399
Parties:
| Complainant | Respondent |
Parties | Declan Feeney | Ardmac Limited |
Representatives | SIPTU Workers Rights Centre | Construction Industry Federation |
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-00045282-002 | 20/07/2021 |
Date of Adjudication Hearing: 08/12/2022
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
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 and to present any evidence relevant to the complaint.
The complaint was referred to the Workplace Relations Commission on 20th July 2021. Submissions were received by both parties in advance of the hearing and evidence was given under oath by the complainant, and under affirmation by Ms O’Sullivan, HR Director, Ardmac Limited. The hearing was held remotely on 8th December 2022, in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020.
Background:
The complainant was employed as a Crane Lift Supervisor from 4th January 2021 to 12th April 2021. He was required to attend work before his agreed start time and was paid overtime for most weeks. There were a number of occasions when the overtime payments were unpaid, and the complainant raised this through his line management. There was a delay in sorting out the outstanding payments and the complaint was referred to the Workplace Relations Commission on 20th July 2021. |
Summary of Complainant’s Case:
The complainant gave evidence of the particulars of the outstanding overtime payments which amounted to €414. Separate to the above complaint, he outlined in evidence that he received travel payments and he should have been paid a higher rate each day for travel time. He said that travel payments were higher when he was with a previous employer. He added that his current employer should be paying higher travel payments to him. The complainant was cross examined and confirmed that the outstanding overtime payment was €414. He was asked whether a grievance complaint was made on the outstanding payment. He replied that he was not sure. |
Summary of Respondent’s Case:
The respondent’s representative stated that they were not on notice of any outstanding issue concerning travel payments as these were not part of the original complaint and were not included in the complainant’s submission. Ms O’Sullivan, HR Director gave evidence that the amount due to the complainant should have been paid and was not paid due to an oversight. She confirmed that the payments due were €414. She was cross examined by the complainant in relation to the delays and lack of response when he raised the issue of overtime payments. |
Findings and Conclusions:
On the travel payments issue, I have no jurisdiction to hear this complaint. There is no reference on the complaint form or in the employment contract to travel payments. The respondent was also not on notice of the complaint on travel payments. I am not making any decision on travel payments. It is not disputed between the parties that there has been a breach of Section 5 of the Act in that overtime payments that were properly payable to the complainant were not paid. The parties agree that the amount outstanding is €414. I find that the complaint is well founded and that overtime payments are properly payable to complainant amounting to €414. |
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-00045282-002 I find that the complaint pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant compensation of €414 for outstanding overtime payments. |
Dated: 09/01/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Payment of Wages, Overtime |