ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001466
Complaint(s)/Dispute(s) for Resolution:
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
Date of Adjudication Hearing: 09/03/2016
Workplace Relations Commission Adjudication Officer: John Tierney
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:
The Claimant, who is employed as an intern, was not paid for unrostered overtime approved by her consultant, and she was paid at inappropriate rates for the hours she did work. The Claimant and her union have undergone a review of her payslips and timesheets, which we have provided to Respondent’s wages department. We have not received a reply in this correspondence. As a result of this review, we have found the Claimant is due €690.55. We will be glad to provide this calculation to the WRC. Due to the amount of time that has elapsed since the first missed payment, we have been forced to submit a claim to the WRC. An update calculation of her wages was provided to the Hearing.
Respondent’s Submission and Presentation:
The Claimant has had difficulty with her overtime payments from early in her assignment. She was in contact with payroll on a regular basis and was advised that she was not entitled to payment for any unapproved/unrostered overtime. The consultants do not have the authority to approve payment for hours outside approved rosters. Her contract does not carry an absolute right to payment for unrostered overtime.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions of both parties. Although the consultants approved the Claimant’s overtime, they did not have the authority to do so. Therefore, this was unrostered overtime which was not properly approved. I therefore do not find the claim well founded and it fails.
Dated: 20th January 2017