ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037365
Parties:
| Complainant | Respondent |
Parties | Joy Sparkes | Taskled |
Representatives | Self-Represented | Andrea Montaneilli Peninsula Services |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00048744-001 | 21/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048744-004 | 21/02/2022 |
Date of Adjudication Hearing: 06/10/22 & 23/11/2022
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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:
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 gave her evidence under affirmation. Over the two hearings three witnesses for the respondent gave their evidence under oath. Members of the public were facilitated in attending this hearing |
Summary of Complainant’s Case:
CA-00048744-001 National Minimum Wage The complainant submitted that she was not paid the National Minimum wage rate and that she was not provided with a statement of her average annual pay when one was requested. CA-00048744-002 Terms of Employment (Information) Act The complainant submitted that she was not provided with any written documentation in relation to her terms of employment. |
Summary of Respondent’s Case:
CA-00048744-001 National Minimum Wage The respondent conceded that it had not paid the complainant the National Minimum Wage but noted that she received a back dated payment when the matter was brought to its attention. CA-00048744-002 Terms of Employment (Information) Act The respondent accepted that the were difficulties in providing the complainant with a written copy of her terms of employment but submitted that they were provided to her verbally. |
Findings and Conclusions:
CA-00048744-001 National Minimum Wage With effect from 1 January 2021, the National Minimum Wage (NMW) was set at €10.20. The respondent accepts that it did not pay the complainant the correct amount but submitted that it paid the complainant the right amount at a later date. Figures in relation to the payment made to the complainant figures were given in evidence at the hearing. The complainant acknowledged receipt of the sum given. Having regard to the back-dated payment made to the complainant, I am satisfied that the respondent has rectified the underpayment and accordingly, I find that the Act was not contravened. CA-00048744-002 Terms of Employment (Information) Act The respondent accepted that it breached the Act, therefore I find that the complaint is well founded. I note that the respondent submitted that they are a small firm with no HR department and have now put in place the appropriate documentation. In the circumstances I consider that compensation equivalent to two weeks wages is just and equitable having regard to all the circumstances of this case, i.e. €408 x 2 = €816. |
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-00048744-001 National Minimum Wage Having considered all the written and oral evidence provided by the parties, my decision is that the Act was not contravened. CA-00048744-002 Terms of Employment (Information) Act Having considered all the written and oral evidence presented to me in relation to this matter, my decision is that this complaint is well founded and I award the complainant compensation of €816.00 which I consider to be just and equitable in all the circumstances. |
Dated: 18-01-2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
National Minimum Wage – not contravened – Terms of Employment (Information) – well founded – award of compensation. |