ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007929
Parties:
| Complainant | Respondent |
Parties | Polisher | Kitchen Factory |
Complaints
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-00010676-001 | 06/04/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010676-002 | 06/04/2017 |
Date of Adjudication Hearing: 08/08/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The Complainant was employed from 3rd January 2017 until the employment terminated on 23rd February 2017. The Complainant was paid €13.75 an hour and he worked 40 hours a week and was paid €550.00 gross per week. The Complainant was not provided with a written statement of his Term and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission on 6th April 2017 alleging the named Respondent had breached Section 5 of the Payment of Wages Act, 1991 and had breached the Organisation of Working Time Act, 1991 in relation to payment of annual leave entitlements.
SUMMARY OF COMPLAINNAT’S POSITION.
Payment of Wages Act, 1991 – 2015 .The Complainant stated that the employment terminated on 23rd February 2017 and that he had not been paid his final two days of employment on 22nd and 23rd February 2017 and he is claiming payment of €220.00. The Complainant stated that his week of employment ran from Tuesday to Tuesday.
Organisation of Working Time Act, 1997 – 2015. The Complainant stated that on termination of his employment he had not been paid his accrued annual leave. He stated he worked 40 hours a week since the commencement of his employment on 3rd January 2017.
SUMARY OF RESPONDENT’S POSITION.
The Respondent did not attend the scheduled hearing on 8th August 2017.
FINDINGS AND CONCLUSIONS.
Payment of Wages Act, 1991 - 2015. The Complainant provided evidence of wages received since the commencement of his employment. He is claiming payment of two days wages for 22nd and 23rd February 2017. On the uncontested evidence of the Complainant I declare this complaint is well founded. The Respondent has breached Section 5 of the Act.
Organisation Working Time Act, 1997 – 2015. The Complainant worked 7 weeks and 2 days during the course of his employment x 40 hours a week = 296 hours worked from 3rd January 2017 to the termination of the employment on 23rd February 2017. X 8% = 23.68 hours annual leave due x €13.75 an hour = €325.60
PAYMENT OF WAGES ACT, 1991 – 2015 CA-00010676-001
In accordance with Section 41(5) of the Workplace Relations Act, 2015 and on the uncontested evidence of the Complainant I declare the Respondent has breached Section 5 of the Payment of Wages Act, 1991 – 2015 I direct the Respondent to pay the Complainant €220.00, subject to any lawful deduction, within 42 days of the date of this Decision.
ORGANISATION OF WORKING TIME ACT, 1997 – 2015 –CA-00010676-002
In accordance with Section 41(5) of the Workplace Relations Act, 2015 and on the uncontested evidence of the Complainant I declare this complaint is well founded. The Respondent has breached Section 23 of the Act of 1997 which provides that an employee is entitled to be paid all accrued annual leave on termination of the employment. I direct the Respondent to pay the Complainant -
€325.60, subject to any lawful deductions, in respect of annual leave accrued on termination of the employment and
compensation of €200.00 for breach of Section 23 of the Act of 1997
These sums to be paid to the Complainant within 42 days of the date of this Decision.
Dated: 25/10/17
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Payment of Wages Act, 1991 – 2015 – Breach of Section 5 OWTA, 1997 – 2015 – Breach of Section 23 – Accrued annual leave. |