Complainant

Respondent

Parties

Shabi  Choudhury

Chunu Miha

Representatives

  No Appearance

No Appearance

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-00040145-002

29/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00040145-003

29/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00040145-004

29/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

CA-00040145-005

29/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00040146-002

29/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00040146-003

29/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00040146-004

29/09/2020

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

CA-00040146-005

29/09/2020

The Complainant appeared and gave her evidence with the assistance of an interpreter.

Two Complaint Forms were received by the Workplace Relations Commission both on 29 September 2020. The Complainant confirmed they were sent in duplicate and withdraw the following complaints at the hearing:- CA-00040146-002, CA-00040146-003, CA-00040146-004, CA-00040146-005.

Following review of the Complaint Form at the outset of the hearing with Complainant she also withdrew CA-00040145-005.

The Complainant worked in the Respondent’s B & B, Bunratty View, in Co Clare as a housekeeper. Following an injury at work she was admitted to hospital. Upon her return to the house she found she was locked out of the premises and dismissed from her employment.

It was the Complainant’s evidence that due to health issues, language barrier and the covid19 prevented her from accessing advice she was unable to file her complaint within the 6 month period provided in the legislation. An extension of time was sought

CA-00040145-002 – Payment of Wages

It was the Complainant’s evidence that she was not paid for her last 5 weeks of work from 1 October 2019 to 9 November 2019. She was paid €10 per hour and worked 43 hours per week.

It was submitted that the total wages not received was €2,538.20 and €203 in annual leave due on 12 November 2019.

CA-00040145-003 – Organisation of Working Time Act

Upon termination of her employment the Complainant was not given her annual leave entitlement from 1 October 2019 to 9 November 2019.

CA-00040145-004 – Terms of Employment

It was submitted that no contract was employment was received by the Complainant from the Respondent.

There was no appearance by the Respondent at the hearing.

I am satisfied that the parties were on notice of the hearing. After waiting a reasonable period of time for the Respondent to appear and in the absence of any communication from him, I am proceeding with the decision.

Having regard for all the evidence heard at the hearing I am satisfied that the Complainant has shown "reasonable cause" allowing for an extension of time.

CA-00040145-002 – Payment of Wages

I accept the Complainant’s undisputed evidence and find the complaint is well founded.

CA-00040145-003 – Organisation of Working Time Act

I accept the Complainant’s undisputed evidence and find the complaint is well founded.

CA-00040145-004 – Terms of Employment

I accept the Complainant’s undisputed evidence and find the complaint is well founded.

CA-00040145-002 – Payment of Wages 1991

I accept the Complainant’s undisputed evidence and find the complaint is well founded.

Section 6 of the Payment of Wages Act 1991 provides:

“6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 4C or 5 as respects a deduction made by an employer from the wages or tips or gratuities of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding—

(a) the net amount of the wages, or tip or gratuity as the case may be (after the making of any lawful deduction therefrom) that—

(i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or

(ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment,

or

(b) if the amount of the deduction or payment is greater than the amount referred to in paragraph

 (a), twice the former amount”

Having regard to all the circumstances I am awarding the Complainant the net amount of wages of €2, 741.20.

CA-00040145-003 – Organisation of Working Time Act 1997

I accept the Complainant’s undisputed evidence and find the complaint is well founded.

Redress under the Organisation of Working time Act 1997,  provides:-

“A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision shall do one or more of the following, namely:

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the relevant provision,

(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”

Having regard to all the circumstances I am awarding the Complainant compensation in the sum of €430 equalitvant of one week’s wages as being just and equitable in the circumstances.

CA-00040145-004 – Terms of Employment

I accept the Complainant’s undisputed evidence and find the complaint is well founded.

 Having regard for the Complainant’s length of service with the Respondent, I am making an award of €430 equivalent of one week’s wages as being just and equitable in the circumstances.

Payment of Wages – Annual Leave -