ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00048829
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | An Employer |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | CA-00059967-001 | 13/11/2023 |
Date of Adjudication Hearing: 26/02/2024
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 13 Industrial Relations Act 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Complainant alleges that he is owed holiday pay and wages. The Respondent is contesting the payment of wages complaint.
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Summary of Complainant’s Case:
The Complainant was working in a recycling centre in Dublin. The Complainant was dismissed on the 9th November 2023. He had a conversation with his manager and during that conversation he told him not to come back the next day that he wasn’t suitable for the role. The Complainant had a contract with the Respondent, and it was the Respondent who had placed him at the recycling centre. After he was dismissed, he did received calls from the Respondent but for one reason or another he didn’t touch base with them. He also broke his phone. He did not get any pay for the week he worked prior to the dismissal. He is paid a week in arrears so it the week ending the 2nd November he wasn’t paid for. He worked Monday to Friday and the Monday was a bank holidays. He was normally paid by the Respondent. He is owed for the week of the 30th October. He was paid for the bank holiday but not for the Tuesday to Friday. The following week he worked the 8th and 9th November, and he wasn’t paid for those either. He was unsure why he wasn’t paid for those days. On the Tuesday 7th November he requested annual leave, but he didn’t receive his annual leave payment either. The Complainant had a conversation with his manager. He said there was no work available for him. He said something about last in first out. He had work 223.5 hours. 8% of that is 49.88 holidays hours owed. He queried the issue with HR on a number of occasions. He was eventually paid for 40 hours. There is a balance of 9.88 hours left. That is € 111.12. The Respondent is not contesting that claim. The Respondent states that he is still employed by them however that isn’t correct. They are no longer listed as the employer on the ROS system and the Complainant has a new job. |
Summary of Respondent’s Case:
The Complainant was employed as an agency worker. He started on the 7th August 2023. He was placed at recycling centre. He worked there for two months. He was found to be unsuitable for the role. On the 9th November he was asked by his Manager not to come in the next day. He was going to be reassigned. His manager tried to contact the Complainant on a number of occasions so that he could be reassigned. The Respondent also attempted to contact him, but they were unsuccessful. The witness did admit that he received a call from him but when he tried to call him back but there was no reply. Following a request from the Complainant to check the records at the recycling centre they were reviewed. The records on the recycling system show that he did not work the week of the 29th October or the 8th or 9th November. |
Findings and Conclusions:
The complaint in relation to the holiday pay owed to the Complainant is not contested. It is accepted that the Complainant is owed 9.88 hours which amounts to € 111.12. The Complainant is adamant that he worked the week of the 29th October. He requested that the Respondent go back to his place of work and review their timesheets etc. That was done and the evidence of the respondent was that those record support their argument that he did not work that week or the 8th and 9th of November. The Complainant was unable to provide any documentary evidence to support his argument that he worked that week. It is for that reason I find that this part of his claim is not well founded and accordingly fails. I am recommending that the Respondent pay to the Complainant the uncontested holiday pay amounting to €111.12 on or before the 31st May 2024. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I am recommending that the Respondent pay to the Complainant the uncontested holiday pay amounting to €111.12 on or before the 31st May 2024. |
Dated: 16-04-24
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Holiday Pay. Payment of Wages. |