ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030576
Parties:
| Complainant | Respondent |
Parties | Phillip Duffy | SBFM Ltd |
Complaint(s):
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-00039868-002 | 16/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00039868-004 | 16/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00039868-006 | 16/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00039868-007 | 16/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 23 of the Industrial Relations (Amendment) Act, 2015 | CA-00039868-008 | 16/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00039868-009 | 16/09/2020 |
Date of Adjudication Hearing: 08/04/2022
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant is a contract cleaner who worked two hours per day for the Respondent. |
Summary of Complainant’s Case:
The Complainant attended the hearing on 26th May 2021. He said he was working at the store since 2019. The contract transferred over to the Respondent. He complains that from 1st February 2020 until March 2020 lockdown he received no payment at all. He was asked to go back in June 2020 for one day, and he agreed as long as he was paid up to date. He was not paid monies owed. The area manager ignored him. His supervisor is aware of hours worked. The company claim they paid him in March and April, but he received nothing. He never received any payslips. He was not receiving the correct ERO rate. The clock-in system was not working so there is no record of the work, but the client did not complain as the work was being done. He could not get in touch with the UK office about the payment owed. He never received a contract of employment or terms and conditions from the company. He emailed the company and sent statements in December 2020. He was only paid the money due in December 2020 after making the complaint to the Workplace Relations Commission, nine months after the money should have been paid. |
Summary of Respondent’s Case:
The Respondent says the Complainant was paid €10.80 per hour for hours worked which is the correct rate. The Respondent took the complaints into account. The Complainant was paid his holidays and arrears of wages in December 2020. Their records show payments of €193.93 on 18 March 2020, 3rd April 2020 €117.12 and 21st April 2020 €169.61, all to the Complainant’s bank details. In March 2020 due to Covid-19 the Complainant was laid off. He did not return to work in June 2020 when the restrictions were lifted so he is not entitled to a notice payment. The company record of hours worked match with the payslips. A further €355.17 was paid to the Complainant in December 2020. The Respondent was not aware there was any issue with the clock-in system. The company had a WRC Inspection last year. They have no record of any request for statement of average hourly pay by the Complainant. Emails were sent with a link to payslips. The Complainant’s terms and conditions were posted to him on 3rd February 2020. |
Findings and Conclusions:
I heard and considered the written and oral submissions made at the hearing on 26th May 2021 and 8th April 2022. The Respondent have paid monies due to the Complainant and have provided copy payslips for payments to the Complainant of €311.04 in March 2020, €169.61 in April 2020, and €335.17 arrears of wages and holidays in December 2020.
At the hearing on 26th May 2021, I asked the Complainant to provide a calculation of any monies due, and to provide bank statements for March, April and December 2020 to clarify payments received. Nothing further was received from the Complainant. CA-00039868-002 The Complainant complains of a breach of S6 of the Payment of Wages Act 1991. He was laid off in March 2020, but did not receive arrears of wages and holidays owed until December 2020. This amounts to a deduction within S5 (6) of the Payment of Wages Act 1991. I find this complaint is well founded and direct payment of €311.04 net compensation for the breach by the Respondent to the Complainant. CA-00039868-004 &007 At the time the work was carried out by the Complainant, the Employment Regulation Order SI 548 of 2016 applied which provided for an hourly rate of €10.80 per hour. The Complainant was paid the correct hourly rate. Annual leave and public holiday leave owed were paid to the Complainant. I find this complaint is not well founded. CA-00039868-006 &-009 The Complainant complains he never received a statement of terms and conditions of his employment from the Respondent in breach of S7 of the Terms of Employment (Information) Act 1994 nor details of his core terms of employment. The Respondent has provided a copy of the terms of employment sent to the Complainant in February 2020. I find this complaint is not well founded. CA-00039868-008 The Complainant has not provided any evidence of breach of S23 of the Industrial Relations (Amendment) Act 2015. This complaint is not well founded. |
Decision:
Section 41 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.
CA-00039868-002 This complaint is well founded, and I direct payment of €311.04 net compensation for the breach by the Respondent to the Complainant. CA-00039868-004,006, 007,008 &009, These complaints are not well founded. |
Dated: 05-01-2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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