ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047226
Parties:
| Complainant | Respondent |
Parties | Amanda Byrne | Keegan Quarries Ltd |
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 6 of the Payment of Wages Act, 1991 | CA-00058271-001 | 11/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00058271-002 | 11/08/2023 |
Date of Adjudication Hearing: 24/11/2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant worked for the Respondent from August 2022 until the 24th of July 2023 when she resigned to pursue a job elsewhere.
The Complainant submitted complaints in August 2023 under the payment of wages act and minimum notice act alleging that the Respondent refused to let her work out her notice and did not pay her in lieu as provided by her contract.
A hearing was held via Webex. The Complainant attended. The Respondent failed to attend. |
Summary of Complainant’s Case:
The Complainant gave evidence under affirmation. She decided it would be best if she moved on from the Respondent. However the owner was angry when he learned of her resignation on Friday the 22nd of July. She was clear that she was available to work out her four weeks notice as proscribed by her contract and her manager initially agreed to this. She was then told that she was to do a handover and then leave. She went in to work the following Monday and completed a handover meeting with the other staff. She was sent home after that. She was paid a week’s notice but the remaining 3 weeks notice were never paid. The Complainant is only seeking what is owed to her by her contract. The Complainant has furnished a copy of her contract. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. I am satisfied that they were on notice of it. |
Findings and Conclusions:
The Complainant was paid her final pay on the 28th of July 2023. At this time she was paid her outstanding pay, leave and one week notice. She was not paid the remaining 3 weeks notice she was prepared to work but the Respondent refused to allow her to work. The Complainant’s contract provides for one month’s notice and payment in lieu of notice where the Respondent does not want the Complainant to work. The failure to make this payment was clearly a deduction. Section 5 (1) of the 1991 Act states “An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it.” None of the above exceptions apply and as such the deduction was unlawful. The Complainant’s weekly pay was €653.85. As such she is owed €1,961.55 The Complainant was already paid her minimum statutory notice and as such the claim under that act fails. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00058271-001 The complaint is well founded. I direct the Respondent to pay the Complainant €1,961.55. CA-00058271-002 The complaint is not well founded. |
Dated: 09/01/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
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