ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039345
Parties:
| Complainant | Respondent |
Parties | Alina Dimitrova Kichkova | Crewlink |
Representatives | Self-represented | Roland Rowan BL instructed by Fieldfisher Solicitors |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00050982-001 | 02/06/2022 |
Date of Adjudication Hearing: 18/04/2023
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 6th June 2022, the complainant referred a complaint pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 18th April 2023. The complainant attended the adjudication. The respondent was represented by Roland Rowan BL, instructed by Leanne Kiernan, Fieldfisher Solicitors. David O’Neill attended for the respondent.
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 commenced employment with the respondent on the 20th December 2019 and her employment ended on the 5th August 2021. She outlined that there was a contravention of the Payment of Wages Act in that she was not paid her full basic salary. She set out the amount she was missing over each month of her employment. They add up to €4,589.72. She was also placed on lay-off for three months. In cross-examination, the complainant said that she raised the issue with the respondent in February 2022. She also spoke to a lawyer at this time. She was waiting for an answer from the respondent. |
Summary of Respondent’s Case:
The respondent outlined that per the terms of the Collective Labour Agreement between it and Fórsa, respondent cabin crew were only paid basic salary on the days they flew. It set out the basis for each month of the complainant’s pay. It denied that there was a contravention of the Payment of Wages Act. It submitted that there was no reasonable cause to allow an extension of time. |
Findings and Conclusions:
As part of the complainant’s contract of employment, she was entitled to Basic Pay. This was €726.25 per month. The complainant also received additional pay when she was flying. An agreement was put into place around the time of the pandemic. This modified the situation so that basic pay was only paid on days the member of cabin crew worked. In September 2020, for example, the complainant worked 17 days and received basic pay of €611.58. The complaint was brought in June 2022 and the complainant’s employment ended in August 2021. The Payment of Wages Act provides that the employee has six months to refer a complaint from the date of contravention. A contravention of the Payment of Wages Act occurs when the payment of wages was meant to happen. For example, the contravention for wages due in June 2023 arises on pay day for that month, if the wages are not paid. There is a provision to extend time for a further six months, should the complainant establish reasonable cause. If the complainant were able to extend time to the full 12 months, she could go back to June 2021. To show reasonable cause, the complainant must be able to point to a factor that delayed her submitting the claim. The greater the delay, the greater the explanation required. I appreciate the complainant’s frustration at having basic pay deducted in this way. I must find, however, that the complainant has not established reasonable cause. She did follow-up on the issue in February 2022 and could be expected to have then referred the complaint to the Workplace Relations Commission. Her employment had already ended some months ago. The complainant delayed further to June 2022 and an extension of time cannot be granted to accommodate this delay. |
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-00050982-001 I decide that the complaint pursuant to the Payment of Wages Act is not well-founded as it was referred to the Workplace Relations Commission more than six months after any possible contravention, and there are no grounds to extend time. |
Dated: 27th June 2023
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act / reasonable cause |