ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005963
Complaints 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-00008268-001 | 18/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00008268-002 | 18/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008268-003 | 18/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00008268-004 | 18/11/2016 |
Date of Adjudication Hearing: 17/02/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
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 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 complaints.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Domestic Employee | A Householder |
Complainant’s Submission and Presentation:
The complainant was employed in the respondent’s home as a cleaner from December 21st 2015 until May 22nd 2016.
CA-00008268-001. Payment of Wages Act, 1991
She provided detail on the occasions when she says her employer underpaid her stating that she was short money at the time and would pay her in full later. Despite numerous requests the respondent has failed to pay her this money, and has sought to avoid her attempts to make contact.
Although the complainant was paid a net sum and was not given details of gross pay and deductions she submitted workings to show that her gross pay was €13.48 per hour and further detail in respect of the periods for which she had not been paid which she submitted was a total of 97.82 hours. This produces a shortfall in her wages of €1,300.
CA-00008268-002. National Minimum Wage Act, 2000
In addition she states that she did not receive he full entitlement to the national minimum wage and submitted detailed workings in support of her complaint showing an outstanding balance of €63.56.
CA-00008268-003. Organisation of Working Time Act, 1997
Regarding holiday pay, she did not receive any during her employment. She claims that she worked a total of 700 hours entitling her to holiday pay of 56 hours. On the basis of weekly pay of €300 hours and the hours due being equivalent to 2.48 weeks she says she is due €744.
CA-00008268-004. Terms of Employment (Information) Act, 1994
She was not given a statement of her Terms of Employment as required by section 7 of the Terms of Employment (Information) Act, 1994.
Respondent’s Submission and Presentation:
The respondent did not attend the hearing or provide any explanation for her failure to do so.
Findings and Conclusions
I accept the submission of the complainant in respect of all of the above complaints. Her evidence was credible and the respondent failed to attend. Accordingly I make my awards below in my decision.
Decision:
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 uphold CA-00008268-001 and award her payment for 97.82 hours at €13.48 per hour; a total of €1,300.
I uphold CA-00008268-002 and award her the outstanding balance due to her of €63.56.
I uphold CA-00008268-003 and award her holiday pay in the amount of €744.
I uphold CA-00008268-004 under section 7 of the Terms of Employment (Information) Act, 1994 and award her €300.
Dated: 03 May 2017