ADJ-00007935

Complainant

Respondent

Parties

A Bar Manager

A Hospitality Sector

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-00010608-001

03/04/2017

Complaint    seeking adjudication by the Workplace Relations Commission under section 6    of the Payment of Wages Act, 1991

CA-00010608-002

03/04/2017

The   Complainant was employed as a Bar Manager from the 3^rd of August   2010 to the 3^rd of October 2016. She alleges that she was not paid   her holiday entitlements and her minimum notice entitlements contrary to   Section 5 of the Payment of Wages Act, 1991. She filed a complaint with the   Workplace Relations Commission on the 3^rd of April, 2017.

TIME   LIMITS

The   Complainant filed her complaint with the Workplace Relations Commission on   the 3^rd of April, 2017. The currency of the complaint runs from   the 4^th of October 2016 to the 3^rd of April 2017. The   Complainant’s employment terminated on the 3^rd of October 2016.

Section   6(4) of the Payment of Wages Act, 1991 provides;

‘An   adjudicator shall not entertain a complaint under this section unless it is   presented to him within the period of 6 months beginning on the date of the   contravention to which the complaint relates or (in the case where the   adjudicator is satisfied that reasonable cause prevented the presentation of   the complaint within the period aforesaid) such further period not exceeding   6 months as the adjudicator considers reasonable.’

The   Complainant’s representative outlined the following submission as to why the   adjudicator should allow for a 6 month extension of the time-limit.

The   Complainant raised the non-payment of wages with the Respondent on the 5^th   of October 2016. She received no response from the Respondent. She sent   letters dated the 7^th and 14^th of October to the   Respondent outlining her concerns relating to the non-payment of wages. She   received no response from the Respondent. On the 30^th of November   2016, the Respondent sent her a text which indicated that he was willing to   pay her wages.

On the 8^th   of December 2016, she was called to the local Garda station and was advised   that the Respondent had made a complaint against her in relation to theft.   This was the first time that she was advised that there was any complaint of   theft made against her. She was concerned about the complaint was made   against her and was also concerned that a criminal investigation may be   carried out. She became ill and depressed as a result of the allegation of   theft. This was the main reason that she failed to present her complaint to   the Workplace Relations Commission within the time limits allowed for under   the 1991 Act. She has since heard nothing of the allegation of theft.

DECISION   ON TIME LIMIT: I have decided that I   will allow an extension of the time limit of 6 months due to reasonable   cause.

Complaint 1 : CA-00010608-001

The   Complainant was not paid her full holiday entitlements on the termination of   her employment. The Complainant has accrued an entitled to 2.88 weeks annual   leave. She was paid at the rate of €451.02 per week. Therefore she is   entitled to be paid €1298.93 cent holiday pay. The Complainant already   received payment in the sum of €625.00; therefore she is owed a balance of   €673.93.

Complaint 2: CA-00010608-002                                          

The Complainant was not paid her Statutory Minimum   Notice of two weeks. She was paid at the rate of €451.02 per week, therefore   she has an entitlement to be paid €902.93.

The   Respondent did not attend at the hearing.

Based on   the uncontested evidence presented at the hearing, I find that the complaints   are well-founded. The Respondent failed to pay the complainant outstanding   holiday pay in the sum of €673.93 and also failed to pay her Minimum Notice   Entitlement in the sum of €902.93.

Complaint 1: CA-00010608-001

Section 6   of the Payment of Wages Act, 1991, requires that I make a decision in   relation to the complaint in accordance with the relevant redress provisions   under that Act. I order the Respondent to pay to the Complainant compensation   in the sum of €673.93 in relation to outstanding holiday pay.

Complaint 2: CA-00010608-002

Section 6   of the Payment of Wages Act, 1991, requires that I make a decision in   relation to the complaint in accordance with the relevant redress provisions   under that Act. I order the Respondent to pay to the Complainant compensation   in the sum of €902.93 in relation to her minimum notice entitlements.

I order   the Respondent to pay to the Complainant the outstanding wages of €1576.86.