ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00049179

Parties:

Complaints:

Date of Adjudication Hearing:  27/03/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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:

The complaints are that the Respondent failed to provide written terms of employment, and unlawfully deducted a sum for a damaged uniform and failed to pay the Complainant the correct amount for compensation for annual leave on cessation of her employment.

Summary of Complainant’s Case:

The Complainant was employed as a Nail Technician by the Respondent from 12th September 2023 to 3rd November 2023. 

CA-00060231-001            Terms of Employment (Information) Act 1994

The Complainant did not receive written terms of employment as provided for in S3 of the Act.

CA-00060231-004            Payment of Wages Act 1991

The Respondent had deducted €191 from the Complainant as the uniform she returned had some stains on it.  The Complainant felt that the staining was inevitable due to the work carried out and therefore the deduction which was carried out without her agreement was unfair and unlawful.   The Complainant noted that that sum was refunded however, she wished for a decision on record.

CA-00060231-005            Payment of Wages Act 1991

The Respondent had deducted €191 from the Complainant as the uniform she returned had some stains on it.  This was inevitable due to the work carried out.  The Complainant noted that that sum was refunded however, it was an unfair and unlawful deduction. (Duplicate of CA-00060231-004)

CA-00060231-006            Organisation of Working Time Act 1994

The Respondent failed to pay to the Complainant the sum of €9.12 for annual leave at the end of her employment.

Summary of Respondent’s Case:

CA-00060231-001            Terms of Employment (Information) Act 1994

The Respondent acknowledges that the Complainant did not receive written terms of employment and apologises for the omission.  It is submitted as case law (submitted) has demonstrated, no compensation is necessary in some circumstances.

CA-00060231-004            Payment of Wages Act 1991

The Respondent acknowledges and apologises for the deduction of €191 from the Complainant in relation to the uniform she returned.  This sum was refunded to her on 28th November 2023.   

CA-00060231-005            Payment of Wages Act 1991

The Respondent acknowledges and apologises for the deduction of €191 from the Complainant in relation to the uniform she returned.  This sum has been refunded to her on 28th November 2023.     (Duplicate of CA-00060231-004)

CA-00060231-006            Organisation of Working Time Act 1994

Having reviewed their records, the respondent notes that due to an administrative error there was an underpayment to the complainant of €9.12. The respondent wishes to apologise for this mistake.

Findings and Conclusions:

CA-00060231-001            Terms of Employment (Information) Act 1994

The Complainant did not receive written terms of employment as provided for in Section 3 of the Act.  I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €276 compensation.

CA-00060231-004            Payment of Wages Act 1991

Section 5 of the Act provides:

The Respondent deducted €191 from the Complainant as the uniform she returned had some stains on it.  This sum was refunded to the Complainant.

Section 6 of the Act 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, tips 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..

In this case, I find the complaint that a deduction was made without the consent of the employee.     I find the complaint to be well founded.  I make no direction as to compensation as the money has been refunded.

CA-00060231-005            Payment of Wages Act 1991

This is a duplicate of CA-00060231-004, findings as above.

CA-00060231-006            Organisation of Working Time Act 1994

Section 23 of the Act provides for compensation on cesser of employment where annual leave has been accrued.  It is common case that the Respondent failed to compensate the Complainant on cesser of employment.  The monetary value was submitted as €9.12.

In accordance with section 27 (3) of the Act, I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €9.12.

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-00060231-001            Terms of Employment (Information) Act 1994

I have decided that the complaint is well founded, and The Complainant did not receive written terms of employment as provided for in S3 of the Act and I require the Respondent to pay to the Complainant the sum of €276 compensation.

.

CA-00060231-004            Payment of Wages Act 1991

I have decided that the complaint is well founded, and I make no direction as to compensation as the money has been refunded. 

CA-00060231-005            Payment of Wages Act 1991

I have decided that the complaint is well founded, and I make no direction as to compensation as the money has been refunded.  (Duplicate of CA-00060231-004)

CA-00060231-006            Organisation of Working Time Act 1994

I have decided that the complaint is well founded, and I require the Respondent to pay to the Complainant the sum of €9.12.

Dated: 23rd April, 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Key Words: