ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004341
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-00006224-001 | 02/08/2016 | 
| Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006224-002 | 02/08/2016 | 
| Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006224-003 | 02/08/2016 | 
Date of Adjudication Hearing: 24/01/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 6 of the Payment of Wages Act, 1991 and or Section 27 of the Organisation of Working Time Act, 1997 and or section 7 of the Terms of Employment (Information) Act, 1994 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:
| I have not received payment in respect of annual leave/public holiday entitlements/ hours worked from 07/03/2016 to 13/06/2016. I last contact my employer dated 4th July 2016, I requested that they forward wages due to me, it has been 3 weeks since I have contacted them and I have yet to receive a response. According to my calculations I am entitled to a total of 15 hours pay, 4 for week 26 and 11 on 13th June 2016, at €9.15 per hour, total €137.25. I am also 4.5 days annual leave. I worked for one day on 13th June 2016 at another Respondent premises , Dublin 2 for 11 hours and was not paid for this day. | 
| I also understand that under the Organisation of Working Time Act, 1997 I am entitled to payment for my public holiday entitlement. My outstanding entitlement amounts to 4 days public holiday entitlements for working on 17, 28 March, 2 May and 6 June. I did not receive any extra days pay or paid holiday for working the above. | 
| I worked for Respondent from 07/03/2016 to 13/06/2016 and did not receive any contract or written terms of employment during this time. | 
Respondent’s Submission and Presentation:
The Respondent did not attend and offered no submissions.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or Section 6 of the Payment of Wages Act, 1991 and or Section 27 of the Organisation of Working Time Act, 1997 and or section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the cited Acts.
Issues for Decision:
Did breaches of the relevant Acts take place and if so what redress is due?
Legislation involved and requirements of legislation:
Payment of Wages Act, 1991 and or the Organisation of Working Time Act, 1997 and or the Terms of Employment (Information) Act, 1994.
Decision:
The Respondent did not attend. I am satisfied that proper notification of the hearing issued to all parties.
On the basis of the credible evidence presented by the Complainant I make the following decisions.
| Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00006224-001 | 
Outstanding Wages:
Four (4) hours pay at €9.15 per hour = €36.60. Under Section 6 of the Payment of wages Act, 1991 I direct that this sum be paid as soon as possible to the Complainant.
(The 11 hours claimed for the 13th June refer to another employer.)
| Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006224-002 | 
Outstanding Holidays - Annual Leave and Public Holidays
- Four and one half days (4.5) days holiday pay – - 8 x 4.5 =36 hours pay at €9.15 = €329.40. 
- Four days Public Holidays 17th & 28th March , 2nd May and 6th June 2016 
8 x 4 =32 hours pay at €9.15 = €292.80.
Under Section 27 of the Organisation of Working Time Act, 1997 I direct that this total sum € 622.20 in lieu of holidays be paid as soon as possible to the Complainant.
| Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006224-003 | 
No written terms of employment provided.
On the basis of the evidence of the Complainant I direct that this sum € 75.00 as compensation for a breach of a statutory right be paid soon as possible to the Complainant.
Total Award
Wages € 36.60
Ordinary Holidays € 329.40
Public Holidays € 292.80
No written Terms of Employment €75.00
TOTAL € 733.80
Dated: 27th April 2017

