ADJUDICATION OFFICER DECISION and RECOMMENDATION
Adjudication Reference: ADJ-00011586
| Complainant | Respondent |
Anonymised Parties | Administrator | Communication Company |
Complaint and Dispute:
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-00015459-001 | 31/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00015459-003 | 31/10/2017 |
Date of Adjudication Hearing: 21/02/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and Section 13 of the Industrial Relations Acts 1969 andfollowing the referral of the complaint and dispute to me by the Director General, I inquired into the complaint and dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint and dispute.
Background:
The Complainant was employed from 4th April 2017 until the employment terminated with one week’s notice paid on 6th November 2017. The Complainant was paid €2500.00 a month and she works 35 hours a week. The Complainant was provided with a written statement of her Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission (WRC) on 31ST October 2017 alleging the Respondent had breached the Payment of Wages Act, 1991 in relation to wages, annual leave and minimum notice. She referred a dispute to the WRC alleging she had been unfairly dismissed by the Respondent on 27th October 2017. |
Summary of Complainant’s Case:
Payment of Wages Act, 1991 – 2015 – The Complainant stated that she had been paid her wages due and also she had been paid one week’s notice on termination of the employment. The Complainant stated that she was entitled to 20 days annual leave. She took 10 days annual leave and is claiming payment of 1.62 days annual leave. Industrial Relations Act, 1969 – A preliminary issue arose as to the date of the termination of the employment. The Complainant confirmed she had been paid up to 31st October 20217 and she had also been paid one week’s notice. The Complainant had stated in the Complaint Form submitted to the WRC on 31st October 2017 that she had been dismissed on 27th October 2017. |
Summary of Respondent’s Case:
Payment of Wages Act, 1991 – 2015 – The Respondent provided a payslip to the Hearing which shows that the Complainant was paid up to 31st October 2017 and she was also paid one week’s notice of €576.92. In relation to the annual leave complaint the Respondent stated that the Complainant was due 1.5 days annual leave but this was deducted from her annual leave entitlements as the Complainant had attended the employment on 27th October 2017 but had left at 2.30 without permission and then did not attend for work on 31st October 2017. She was paid for a full day on 27th and paid for a full day on 31st October 2017. Industrial Relations Act, 1969 – The Respondent stated the Complainant was not dismissed. The Complainant left the employment on 27th October 2017 and she did not attend at work on Tuesday 31st October 2017. |
Findings and Conclusions:
On the basis of the evidence from both Parties I find as follows – Payment of Wages Act, 1991 – 2015 . Both Parties confirmed that the Complainant had been paid wages due up to 31st October 2017 and also that she had been paid minimum notice of one week. The Complainant worked 35 hours a week and this was confirmed by both parties The Complainant worked 29 weeks plus 3 days up to 27th October 2017. She was therefore entitled to annual leave of 11.6 days. Both Parties confirmed that the Complainant availed of 10 days annual leave. She is therefore entitled to be paid for 1.6 days annual leave = €173.07 Industrial Relations Act, 1969. The Complainant confirmed that she had been paid up to 31st October 2017 plus she had been paid one week’s notice. Section 1(1) of the Unfair Dismissals Act, 1977 – 2015 defines the date of dismissal in circumstances where notice that complies with the Minimum Notice and Terms of Employment Act, 1973 – 2005 has been paid as “the date on which that notice expires”. I do not have jurisdiction to deal with this dispute as the Complainant was paid Minimum Notice that expired on 6th November 2017, therefore that was the date of termination of the employment. |
Decision:
Payment of Wages Act, 1991 – 2015 CA-00015459-001. Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. On the basis of the evidence, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare the complaint is well founded in part. The Complainant is entitled to payment of 1.6 days annual leave due. I direct the Respondent to pay the Complainant €173.07, subject to any lawful deductions, within 42 days of the date of this Decision.
Industrial Relations Act, 1969 CA-00015459-003. Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. I find I do not have jurisdiction in relation to this dispute as the dispute was referred to the WRC prior to the expiration of her notice period which expired on 6th November 2017.
Dated: 17.04.2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Payment of Wages Act – annual leave due on termination of the employment. Industrial Relations Act, 1969 – dismissal – complaint referred prior to expiration of notice period. |