Complainant

Respondent

Parties

Anthony  Robineau

Power Glade Ely Wine Bar

Representatives

  In person

 Company management.

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00049307-001

23/03/2022

The Complainant was employed by the Respondent from 10th August 2006 until 10th September 2020. The Complainant was employed as a Manager in the Respondent’s wine bar.

This complaint was received by the Workplace Relations Commission on 23rd March 2022.

As per complaint form the Complainant states:

“I have asked several times for payslips to be sent to me but have only received wage slips for the months of January, February, and September 2020. When logging into Revenue in November 2021 I was informed that I owed Revenue over €3,000 of allocated taxes from 2020. I never received anything. I have since asked several times for wage slips for 2020 but have not received an answer”.

The Respondent accepts that a mistake was made inputting company information to Revenue. This was at the height of the Covid pandemic, and the Respondent was availing of the wage subsidy scheme introduced during the pandemic. Tax credits for the year had inadvertently been inputted as monthly amounts and this is what had caused the problem.

The Respondent gave assurances that they would now do everything possible to assist the Complainant to rectify matters with Revenue.

The complaint as presented was submitted under section 7 of the Terms of Employment (Information) Act, 1994.

The Terms of Employment (Information) Act of 1994 is an Act to provide for the implementation of Directive No. 91/533/EEC of 14th October 1991 of the Council of the European Communities on an employer’s obligations to inform employees of the conditions applicable to the contract or employment relationship, to amend the Minimum Notice and Terms of Employment Act, 1973, and to provide for related matters. (5th April, 1994).

The complaint as presented relates to the Respondent’s alleged failure to issue payslips to the Complainant. The only payslips received by the Complainant during 2020 were for the months of January, February and September. When the Complainant logged into the Revenue website, he discovered he owed Revenue over €3,000. To assist in rectifying this matter the Complainant asked the Respondent to produce all his payslips for 2020.

At the hearing of the complaint the Respondent gave an undertaking to assist the Complainant in rectifying the situation with Revenue. This appeared to be acceptable to the Complainant.

Technically (and legally) employers not issuing wage slips to employees is a breach of the Payment of Wages Act. In the instant case the Complainant has submitted his complaint under the Terms of Employment  (Information) Act, 1994. I have no jurisdiction to hear such a complaint under this enactment. The complaint as presented is not well founded.

In the instant case the Complainant has submitted his complaint under the Terms of Employment (Information) Act, 1994. I have no jurisdiction to hear such a complaint under this enactment. The complaint as presented is not well founded.