ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048663
Parties:
| Complainant | Respondent |
Parties | Collins Etumuse | Crystal Valet Oranmore Limited |
Representatives | Linda O’Toole South Connacht Citizens Information Service | No appearance |
Complaints:
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-00059650-001 | 27/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00059650-003 | 27/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059650-004 | 27/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059650-005 | 27/10/2023 |
Date of Adjudication Hearing: 20/03/2024 & 20/08/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 6 of the Payment of Wages Act 1991 and Section 27 of the Organisation of Working Time Act 1997, 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:
Following the first hearing convened on 20/03/2024 for the purposes of hearing the complaints, it came to the attention of the WRC that the Respondent had not been notified. The hearing was then reconvened on 20/08/2024.
The Complainant was employed as a Valet from 13/01/2023 to 22/09/2023 when his employment was terminated without notice. He claims wages not paid, payment in lieu of minimum notice, payment for annual leave accrued and payment for one public holiday.
Summary of Complainant’s Case:
CA-00059650-001 Payment of Wages Act 1991
The Complainant was employed valeting cars on 13 January 2023. He was initially employed at the Wood Quay outlet until early July when he was moved to Oranmore. On 22 September 2023, he was dismissed by the owner. He received no payment for wages earned from 18 September to 22 September 2023. The amount claimed is €452.
CA-00059650-003 Payment of Wages Act 1991
The claim here is for minimum notice. The Complainant was dismissed on 22 September 2023 and told not to return. He claims payment for one week minimum notice.
CA-00059650-004 Organisation of Working Time Act 1997
The Complainant contends that based on the calculation of 8% of hours worked, he is entitled to payment in lieu of annual leave accrued and not taken at the end of his employment. He calculated this to be for the period 7 July to 22 September 2023, 8% of 497 hours in the amount of €449.
CA-00059650-005 Organisation of Working Time Act 1997
The claim here is for payment in lieu of the August 2023 public holiday.
Summary of Respondent’s Case:
The Respondent was notified of the hearing but did not attend.
Findings and Conclusions:
CA-00059650-001 Payment of Wages Act 1991
Section 6 of the Act provides:
(6) Where— |
( a ) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or |
( b ) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, |
then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. |
Based on the uncontested evidence of the Complainant, I find his complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €452.
CA-00059650-003 Payment of Wages Act 1991
The Minimum Notice & Terms of Employment Act 1973 at Section 4 provides that the minimum notice to be given by an employer to an employee who has more 13 weeks and less than 2 years is one week.
Based on the uncontested evidence of the Complainant, I find he was entitled to one week minimum notice. I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €452.
CA-00059650-004 Organisation of Working Time Act 1997
Section 23(1) of the Act provides:
23(1)(a) | Where –(i) an employee ceases to be employed, and |
(ii) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee, | |
the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. |
Based on the uncontested evidence, I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €449.
CA-00059650-005 Organisation of Working Time Act 1997
Section 21 of the Act provides for payment in respect of public holidays, namely a paid day off on the day, a paid day off within a month of the day, an additional day’s annual leave or an additional day’s pay. The Complainant contends that he did not receive any of these entitlements for the public holiday which fell on the first Monday in August 2023. Based on his uncontested evidence, I find his complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €90.40.
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-00059650-001 Payment of Wages Act 1991
I have decided the complaint is well founded. I require the Respondent to pay to the Complainant the sum of €452.
CA-00059650-003 Payment of Wages Act 1991
I have decided the complaint is well founded. I require the Respondent to pay to the Complainant the sum of €452.
CA-00059650-004 Organisation of Working Time Act 1997
I have decided the complaint is well founded. I require the Respondent to pay to the Complainant the sum of €449.
CA-00059650-005 Organisation of Working Time Act 1997
I have decided the complaint is well founded. I require the Respondent to pay to the Complainant the sum of €90.40
Dated: 4th September 2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Payment of wages, minimum notice, payment for annual leave, public holidays, well founded. |