ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001761
Complaints for Resolution:
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994
Date of Adjudication Hearing: 04/05/2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
On the 8th February 2016, the complainant referred complaints to the Workplace Relations Commission in relation to claims made pursuant to the Payment of Wages Act and the Terms of Employment (Information) Act. The complainant was employed as a deli assistant and the respondent is a delicatessen, café and grocers.
The complaints were scheduled for adjudication on the 4th May 2016. At the time the adjudication was to commence, it became apparent that there was no appearance by or on behalf of the respondent. I waited some time to accommodate their late arrival and also verified that the respondent was properly on notice of the time, date and venue of the hearing. Having been satisfied of this, I proceeded with the hearing in the absence of the respondent.
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the party present an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Complainant’s Submission and Presentation:
The complainant outlined that she worked for the respondent from the 23rd November 2015 to the 21st January 2016, at which stage she resigned. She outlined that she was paid the minimum wage, initially €8.65 per hour and later €9.15 per hour. She worked a typical week of 42.5 hours, including Sundays. She regularly received overtime payments as part of her pay. The complainant outlined that she worked a 42.5 hour week in the period of the 11th to the 17th January 2016. She was due €498.28 in wages, Sunday premium and overtime. She did not receive this payment from the respondent and this had caused her great hardship. She said that the respondent had refused to pay her after she had tendered her resignation. She said she should also be paid a notice week, an amount of €269.93. The complainant was not supplied with a contract of employment, despite requesting one from the respondent.
Respondent’s Submission and Presentation:
The respondent did not attend the adjudication and did not make submissions in relation to the complaints.
Findings and reasoning:
The complainant gave uncontradicted evidence that she was not paid for the period of the 11th to 17th January 2016 and that she is due €492.28. It was also not contradicted that she did not receive a contract of employment from the respondent.
I find that the complainant is entitled to redress for the unpaid wages due to her. I make an award of €492.28 in that regard. I also award the complainant the equivalent of four weeks' compensation under the Terms of Employment (Information) Act, this being the amount of €388.87 (made up of €9.15 per hour and a 42.5 hour week).
Given that the complainant commenced employment on the 23rd November 2015, she does not have the required 13 weeks' of service to be entitled to one week's notice, as required by section 4 of the Minimum Notice and Terms of Employment Act. She also resigned from her employment. I, therefore, make no award in relation to the notice week.
Section 41(4) 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.
I decide that the respondent shall pay to the complainant the total amount of €881.15, this being redress of €492.28 for a breach of the Payment of Wages Act and €388.97 for a breach of the Terms of Employment (Information) Act.
Dated: 18th July 2016