ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001422
Complaint(s)/Dispute(s) for Resolution:
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-00002000-001 | 18/01/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00002000-002 | 18/01/2016 |
Date of Adjudication Hearing: 29/03/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Acts and following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
Please note that the complaint arises due to the non payment of the final months salary, sick leave and holiday pay. I contacted my employer on numerous occasions to instruct me as to my duties however I was not given any details. I notified the company of my terminating on the 1st June 2015 (one month's notice as per contract). However from that point I was not directed in my duties and left in limbo for the month. My complaint is to seek remuneration for my salary in June 2015, 5 days annual leave and 5 days sick leave. |
As stated above I am owed 5days annual leave and 5 days sick pay |
The complainant submits that she was not paid her entitlement to contractual sick pay in the amount of 5 days (€485) nor was she paid her final month’s salary in the amount of €1,940 in breach of s. 5 (1) of the Payment of Wages Act, 1991. Additionally she was not paid for 5.5 days of accrued annual leave in breach of s. 23 of the Organisation of Working Time Act, 1997.
Decision:
CA-00002000-001: Based on the uncontested evidence adduced at hearing I find that the herein complaint is well founded and hereby require that the respondent pay the complainant compensation in the amount of €2425 (say two thousand four hundred and twenty five euro) net for breach of s. 5 (1) of the Act.
CA-00002000-0012: Based on the uncontested evidence adduced at hearing I find that the herein complaint is well founded and hereby require that the respondent pay the complainant compensation in the amount of €1,200 (say one thousand two hundred euro inclusive of the amount unpaid) in compensation for breach of s. 23 of the Act
Dated: 6 July 2016