ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013659
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Officer | A Security Company |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018249-001 | 30/03/2018 |
Date of Adjudication Hearing: 25/05/2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed full time by the respondent as a security officer on the 5th of May 2017. He is claiming that he is owed wages under the Payment of Wages Act 1991. |
Summary of Complainant’s Case:
The complainant said that he was working fulltime up until November 2017 when his probation ended. He had a request for a transfer in but he did not get one. He said that the manager wanted him off the site and he was removed from that site, but he has not been provided with any work since then. He remained in the employment with the company and he was paid for 8 hours per week up until the end of February 2018. He said that he was offered a day’s work in early March which he was unable to take up. He accepted that he would not be paid for that week but the respondent ceased paying him. He telephoned to enquire about the payments and he was informed that the money would be in his account by the 26thof March 2018, but he was never paid. He received his p45 which stated his employment ended on the 9th of May 2018. He is claiming that he is owed pay for 8 hours per week for 8 weeks at €11.05 per hour. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
The respondent did not attend the hearing. I proceeded to hear the complaint having checked that a notice of hearing was sent out. I am satisfied on the uncontested evidence of the complainant that his claim is well founded. I note that his p45 indicated that his gross pay from 1st January to the 9th of May 2018 was €795.60 which amounts to 9 weeks’ pay for 8 hours per week. This supports the complainants claim that he was paid up until the end of February and that there is an outstanding balance of 8 weeks payment due to him from then until his employment terminated deducting the 8 hours he could not work. I find that the complainant is entitled to 8 hours pay for 8 weeks at €11.60 per hour. |
Decision:
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.
I find that the complaint made pursuant to the Payment of Wages Act is well founded and pursuant to section 6(1) of the Act, I order the respondent to pay to the complainant compensation in the amount of €707.20 gross subject any lawful deductions. |
Dated: 1st August 2018.
Workplace Relations Commission Adjudication Officer: Marian Duffy