ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009652
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Complainant |
Respondent |
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Anonymised Parties |
A Worker |
A recruitment company |
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Representatives |
Self |
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Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00012679-001 |
20/07/2017 |
Date of Adjudication Hearing: 09/10/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other act as may be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
The Complainant herein has referred a matter for dispute resolution under Section 6 Payment of Wages Act, 1991 and the referral has been made within six months of the initial circumstances of the relevant contravention.
Summary of Complainant’s Case:
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The complainant commenced work with the respondent on 28.04.2017. He originally was employed to drive class 2 vehicles ( rigid trucks). The rate of pay for class 2 vehicles is €11.50 per hour. After a number of weeks he was asked to drive class 1 vehicles. The rate of pay is €13.50 per hour. He was not paid the agreed rate of € 13.50. He is owed the difference for 15.25 hours and 8% holiday pay in relation to the increased rate. |
Summary of Respondent’s Case:
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No Appearance |
Findings and Conclusions:
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I am satisfied that the complainant is entitled to be paid the rate of €13.50per hour in relation to class 1 driving and that he was not paid this rate by the respondent. In that regard the respondent is in breach of Section 5 of the Act. He is owed the difference of €2.00 per hour for 15.25 hours and 8% holiday pay in relation to the increased rate. |
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.
The complainant case succeeds. I award the complainant € 72.50
Dated: 25 January 2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly