ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00029140

Parties:

Complaints:

Date of Adjudication Hearing: 24/03/2021 and  12/03/2025

Workplace Relations Commission Adjudication Officer:  Penelope McGrath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, the Director General of the WRC may make a referral of said matter to the Adjudication Services.

Following said referral, I can confirm that I was ready to fulfil my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate made time to hear the oral evidence of the parties and their witnesses and to take account of any evidence to be tendered during the course of the hearing.

The Complainant has brought a complaint of a contravention of the Payment of Wages Act 1991 - which said Act is an Act contained in Schedule 5 of the Workplace Relations Act of 2015 and where such a complaint is so presented the Director General is empowered to refer that complaint forward for adjudication by an Adjudication Officer pursuant to Section 41(4) of the Workplace Relations Act, 2015. Following the said referral,it is incumbent on the assigned Adjudicator to make all relevant enquiries into the complaint. This will include hearing oral evidence, considering submissions made and receiving other relevant evidence.

In particular, the Complainant herein has referred the following complaint:

A complaint of a contravention of Section 5 of the Payment of Wages Act, 1991, that is, a complaint of an unlawful deduction having been made from the Employee’s wage. Pursuant to Section 6 of the said 1991 Act, and in circumstances where the Adjudicator finds that the complaint of a contravention of Section 5 aforesaid is deemed to be well founded, then the Adjudicator can direct that the employer pay to the employee an amount which is subject to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991.

The Complainant herein has referred one other complaint relating to a contravention of The Organisation of Working Time Act 1997 and in particular to a contravention under Section 19 of the Act which sets out those circumstances which give rise to annual leave entitlements. So that an Employee becomes entitled to Annual leave equal to:

4 weeks in a leave year in which the Employee has worked  1365 or more;

1/3 of a working week in each month that the Employee has worked in excess of 177 hours;

8% of the hours worked up to 4 working weeks.

Pursuant to Section 27 of the Organisation of Working Time Act 1997 (as amended), a decision of an adjudication officer as provided for under Section 41 of the Workplace Relations Act shall do one or more of the following:

• (i) Declare the complaint was or was not well founded;
• (ii) Require the Employer to comply with the relevant provision;
• (iii) Require the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration.

Background:

Summary of Complainant’s Case:

Summary of Respondent’s Case:

Findings and Conclusions:

This matter first came before me on the 24th of March 2021. At that time the Respondent had engaged a Solicitor, and the parties had entered into talks about trying to compromise the issues that had been raised by the Complainant. I gave Mr. Breen an opportunity to outline where he was coming from, and it was clear that some of the issues pre-dated the time that I might have been allowed to consider in circumstances where the complaint form issued on the 16th of July 2020 and my jurisdiction ordinarily extends to the six month period immediately preceding that date.

That said, I was advised by the Respondent Solicitor that the Respondent was anxious to retain the service of the Complainant and was in the process of agreeing all issues raised.

Ther matter was postponed in March of 2021 with the parties undertaking to agree a framework for the resolution of issues. I was expecting the parties to revert on or before the 31st of August 2021 with an indication of whether this matter could be withdrawn or whether a final decision was required.

Neither party came back to the WRC and a not inconsiderable amount of time has passed since that time. I confirm that the parties were written to on the 23rd of September 2021 in the following terms:

This matter was listed for hearing on the 24th of March last.

I am advised by the Adjudicator that it was postponed in circumstances where the parties were in talks. The cut-off date of August 31st has now passed, and the Adjudicator would like to know where matters stand?

Can you advise what the updated position is? Can this matter be withdrawn or is another hearing date necessary?

Follow up emails were sent on the 7th of June 2022, 18th of July 2024 and 17th of December 2024. The Solicitor for the Respondent came off Record just prior to this matter getting re-listed for the 12th of March 2025.

I am satisfied that the Complainant was notified of the hearing date for this matter when a letter dated the 12th of February 2025 was emailed to the Complainant at the email address which he had provided and through which he had previously communicated with the WRC.

Decision:

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

Dated:   24th March 2025

Workplace Relations Commission Adjudication Officer:  Penelope McGrath

Key Words: