Complainant

Respondent

Parties

Brian  Doherty

Astra Tech Design Ltd

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-Represented

 John Hammond

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-00062086-002

08/03/2024

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

CA-00062086-003

08/03/2024

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

CA-00062086-004

08/03/2024

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and a witness for the respondent gave their evidence under affirmation.  The parties were afforded the opportunity to cross examine the witnesses.

The complainant submitted that he was not paid for the period October 2023, that he was not paid for the notice period to which he was entitled and that he did not receive payment for his outstanding annual leave.  He submitted that his employment was terminated on 3 November.

The complainant stated that he was paid his October salary but that the payment was late.

The complainant stated that he was not paid for the four week notice period outlined in his contract.

The complainant stated that he was not paid for the annual leave to which he was entitled which amounted to €480.

The complainant confirmed that he was employed from 5 September to 8 November 2023.

The respondent submitted that the complainant was paid for the October period but noted that he was not entitled to a notice payment as he was dismissed from his employment.  The respondent also noted that the complainant resigned his employment.

The witness for the respondent stated that as the complainant was dismissed, he was not entitled to payment for his period of notice.  He also stated that from their records, the complainant was only entitled to payment of €344 in relation to annual leave built up. 

The witness for the respondent made reference to Section 19 of the Organisation of Working Time Act in relation to the calculation of Annual Leave.

The witness also raised the retention of a laptop, paid for by the company, by the complainant as an issue.

The Payment of Wages Act, 1991 defines wages as:

"wages", in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

Provided however that the following payments shall not be regarded as wages for the purposes of this definition:

(i) any payment in respect of expenses incurred by the employee in carrying out his employment,

(ii) any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office,

(iii) any payment referable to the employee's redundancy,

(iv) any payment to the employee otherwise than in his capacity as an employee,

(v) any payment in kind or benefit in kind,

(vi) any payment by way of tips or gratuities.

CA-00062086-002 Payment of October Wages

The complainant conceded that he was paid his wages in respect of October 2023.  Accordingly, I find that the complaint is not well founded.

CA-00062086-003 Payment of Contractual Notice payment

The complainant submitted that his employment was terminated by his employer.  This fact was not denied by the respondent and was supported by the submission of written documentation.  Although the respondent submitted that the complainant subsequently resigned, I am satisfied that the wording of the resignation directly references the termination of his employment. Accordingly, I find that the complainant was dismissed from his employment.

According to the contract of employment agreed between the parties, termination of the employment will result in the payment of a four week notice period, equivalent to €2000.  The complainant was not paid this amount which was properly payable under his contract of employment, and I find that his complaint is well founded.  The complainant was entitled to payment of the sum of €2000 under his contract.  

CA-00062086-004 Payment of Outstanding Annual Leave

The parties agreed that a payment in respect of annual leave was due to the complainant.  The complainant suggested that this amounted to €480, while the respondent suggested that the payment only amounted to €344 due to the short length of the complainant’s employment. 

The respondent made reference to Section 19 of the Organisation of Working Time Act in relation to the calculation of Annual Leave.  Section 19 states as follows:

19.—(1) Subject to the First Schedule (which contains transitional provisions in respect of the leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “annual leave”) equal to—

(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or

(c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks):

Provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater.

Having regard to the evidence provided by the parties, I find that the complaint is well founded, and that the complainant was entitled to payment of €344 under S. 19 (1) (b) of the Organisation of Working Time Act in respect of his annual leave accrued.

Retention of Company Property

The issue of the retention of company property by the complainant is outside the remit of the WRC Adjudicator under this employment legislation.

CA-00062086-002 Payment of October Wages

Having regard to all the written and oral evidence provided in relation to this complaint, my decision is that the complaint is not well founded.

CA-00062086-003 Payment of Contractual Notice payment

Having regard to all the written and oral evidence provided in relation to this complaint, my decision is that the complaint is well founded.  Accordingly, I direct the respondent to pay the complainant compensation of €2000 (less any lawful deductions) which I consider to be reasonable in the circumstances.

CA-00062086-004 Payment of Outstanding Annual Leave

Having regard to all the written and oral evidence provided in relation to this complaint, my decision is that the complaint is well founded.  Accordingly, I direct the respondent to pay the complainant compensation of €344 (less any lawful deductions) which I consider to be reasonable in the circumstances.

Payment of Wages Act – 2 complaints well founded – compensation directed