ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037984
Parties:
| Complainant | Respondent |
Parties | Shadeem Khan | V S Painting And Decorating Solutions Vs Painting |
Representatives | Self | No Appearance |
Complaint(s):
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-00049409-001 | 29/03/2022 |
Date of Adjudication Hearing: 09/12/2022
Workplace Relations Commission Adjudication Officer: Michael MacNamee
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 by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed by the Respondent as a painter and decorator from the 21st or 22nd of November 2021 until on or about the 4th of January 2022. His sole claim relates to an alleged unlawful deduction from his wages in respect of which he seeks compensation pursuant to Section 6 of the Payment of Wages Act 1991. The matter was heard before me on the 9th of December 2022 at Lansdowne House. The Complainant attended and represented himself.
There was no appearance by or on behalf of the Respondent. The Respondent having been duly notified of the time, date and venue of the adjudication hearing I proceeded in the absence of the Respondent.
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Summary of Complainant’s Case:
The Complainant represented himself at the Adjudication Hearing. The Complainant gave evidence on oath. The Complainant said that he entered into an oral contract with the Respondent whereby he would work as a painter and decorator for the Respondent on the following terms: He would be paid a normal daily rate of €120 per day plus a petrol allowance as part of his normal daily wage (and not by way of expenses) in the sum of €20 per day. His daily wage was thus agreed at a total figure of €140 per day. It was further agreed that the Complainant would be paid at the rate of time and one half for Sunday work and an additional days pay for every public holiday worked or a paid day off for a public holiday if he did not work on that public holiday. By reference to his diary, the Complainant said that he worked on a total of 45 days for the Respondent. He did not receive any pay for work done from the 24th of December 2021 to the 1st of January 2022. Regular Days The Complainant worked the following regular full days; Friday the 24th of December 2021 Monday the 27th of December 2021 Tuesday the 28th of December 2021 Wednesday the 29th of December 2021 Thursday the 30th of December 2021 Friday the 31st of December 2021 Monday the 3rd of January 2022 Total 7 Days @ €140 per day = €980
Sundays The Complainant worked for a half day on Sunday the 26th of December 2021. The agreed total daily rate for Sunday work was time and a half: €140 + €70: total €210. However as he only worked a half day on Sunday the 26th of December 2021, he said that his entitlement was for half the total Sunday rate being a total of €105. [Note: this particular day was also a Public Holiday which the Complainant contended carried an additional entitlement – see below] Public Holidays In addition the Complainant did not receive a an additional day’s pay for Christmas Day, the 25th of December 2021 or for the 26th of December 2021. He thus claimed two days for these days, @ €140 per day, total €280. On New Year’s day, the 1st of January 2022, the Complainant worked a full day and accordingly he contended that he was entitled to two day’s pay for working on this public holiday at €140 per day; total €280. He contended that his total entitlement in respect of public holidays was therefore the sum of €560 The following are the combined totals Regular Days worked and unpaid €980 Sunday €105 Public Holidays €560 Total: €1,645 The Complainant alleged that the said deductions of €1,645 constituted an unlawful deduction. The Complainant repeatedly requested payment from the Respondent but got no response. In desperation, and being in financial difficulties as a result of the non payment of his wages as set out above, the Complainant called to the Respondent’s house and requested payment. The Respondent assaulted the Complainant. The Complainant reported the assault to An Garda Síochana who noted the incident and advised the Complainant not to have anything further to do with the Respondent and to pursue a civil remedy to recover his unpaid wages. Following this advice, the Complainant instituted the present claim within the prescribed time limit of six months from the date of the alleged deduction.
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Summary of Respondent’s Case:
No written submissions were received from the Respondent. There was no appearance by or on behalf of the Respondent at the adjudication hearing on the 9th of December 2022. |
Findings and Conclusions:
On the uncontroverted sworn evidence of the Complainant, I am satisfied that an amount of €1,645 was withheld from the Complainant’s wages and that the same constituted an unlawful deduction from his wages within the meaning of that term in Section 5 of the Payment of Wages Act 1991 (as amended). The present claim was made within six months of the date of the alleged deduction within the time limit prescribed by Section 46 Subsection (1) of the Workplace Relations Act 2015. Accordingly, I find that the complaint is well founded. Redress Pursuant to Section 6 of the Payment of Wages Act 1991 as amended, I direct the Respondent to pay the sum of €1,645 to the Complainant subject to taxation and the normal statutory deductions.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Complaint pursuant to Section 6 of the Payment of Wages Act 1991 is well-founded and the Respondent is directed to pay the sum of €1,645 to the Complainant subject to taxation and the normal statutory deductions. |
Dated: 19th January 2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
Payment of Wages Act 1991 – Unlawful Deduction |