ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00045191

Parties:

Complaint:

Date of Adjudication Hearing:  20/02/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint to me by the Director General, I inquired into the complaint  and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant worked for the Respondent for one day on 8th August 2022 and was not paid her wages for the day.

Summary of Complainant’s Case:

The Complainant was employed by Manager Ms L to come and work in the shop.  The Complainant provided screenshots of texts sent by the Manager to the Complainant confirming her employment and her roster for work.  The Complainant came in and worked from 9am to 8.15pm on 8th August 2022.  At the end of her shift, when she was slicing meats at the slicing machine, the Manager came over to her and told her she was not required to come in again.  She said she didn’t like her nails or her tattoos.  The Complainant then spent months trying to get paid for her day’s work.   

Summary of Respondent’s Case:

The Respondent gave a written submission stating the Complainant was never employed by them.

Findings and Conclusions:

The complaint was received on 26th March 2023.  The date to which the payment claim relates is 8th August 2022.

Section 41 (6) of the Workplace Relations Act 2015 provides:

“Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

In this case, the complaint was received some seven months and eighteen days after the date of the contravention which would render the complaint out of time, unless saved by Section 41 (8) of the Act.

Section 41 (8) provides:

“an adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause”.

I note that the Complainant made many attempts to have her one day wages paid.  I find that constitutes reasonable cause and I allow the extension of time.

The Complainant presented cogent evidence that she worked for the Respondent without receiving wages properly payable for the date 8th August 2022.  Based on the rate of €10.75 per hour, I find the Respondent should pay to the Complainant the sum of €107.50.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €107.50.

Dated:   01st of March 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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