Complainant

Respondent

Parties

Sandra  Doyle

Maria Leacy trading as The Harvest Kitchen

Representatives

  In person

 Moloney and Co. Solicitors

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00067582-001

21/11/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00067582-002

21/11/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00067582-003

21/11/2024

The complainant was employed as a Café Manager from 4th May 2017 to 29th December 2024. The complaints relate to an alleged breach of the Terms of Employment (Information) Act, 1994 and two alleged breaches of the Payment of Wages Act, 1991.

CA-00067582-001 – Terms of Employment (Information) Act, 1994 complaint

The complainant gave sworn evidence at the adjudication hearing in relation to her complaints. The complainant stated that she was absent on sick leave from November 2023 until 10th August 2024 and returned to work two days per week at that time working only on a Saturday and Sunday. The complainant was previously the full-time café manager but states her title was removed from her and she was told by the respondent principal that she was no longer the manager. The complainant states that she was not notified in writing of the changes to her terms and conditions of employment in relation to her title and working hours.

CA-00067582-002 – Payment of Wages Act, 1991 complaint

The complainant stated that her salary payments are due to be paid to her on a Monday, but she allows an additional day for the money to reach her bank account. On the week beginning 18th November 2024 she did not receive her salary payment until Wednesday 20th November 2024 which is the basis for the complaint. The complainant also stated that delays to salary payments occurred regularly during the employment.

CA-00067582-003 – Payment of Wages Act, 1991 complaint

The complainant stated that she was not paid for her 30-minute lunch break while working on a Sunday since her return from sick leave on 10th August 2024. The complainant acknowledged that, in December 2024, the respondent paid her for each 30-minute break she had not previously been paid for. The basis of the complaint is that she was not notified of the deduction of €6.46 per week from her salary.

The respondent’s representative summarised the respondent’s position in relation to the complaints and the respondent principal gave evidence under oath in relation to each one.

CA-00067582-001 – Terms of Employment (Information) Act, 1994 complaint

The respondent acknowledged that the complainant remains in the role as café manager and has always held that position. As the complainant only works two days per week, she cannot be classed as a full-time manager but retains the title and all other terms and conditions of employment while at work on Saturdays and Sundays. The respondent contends that as no changes have taken place, except for the reduced working hours, which the complainant herself requested, there is no material changes to her terms and conditions of employment which would require written notification to her. The respondent principal added that she herself has carried out the role as café manager but only during the complainant’s absence.

CA-00067582-002 – Payment of Wages Act, 1991 complaint

The respondent acknowledged that the complainant’s wages were one day late being processed on the week in question and despite some late payments to the complainant’s bank account on occasion, the respondent always processes payments on a Monday. The respondent apologised for the delay and explained that there were extenuating circumstances on 18th November 2024 but in general she makes every effort to pay her staff on time.

CA-00067582-003 – Payment of Wages Act, 1991 complaint

In respect of the complaint relating to the complainant’s 30-minute break on Sunday’s, the respondent stated that there was no contractual entitlement to a 30-minute paid break. The respondent stated that she mistakenly thought that applying a Sunday premium addressed the issue. The respondent stated that she repaid the sum of €53.33 to the complaint in respect of the complainants break each Sunday that she worked since her return to work from sick leave on the 10th August 2024.

CA-00067582-001 – Terms of Employment (Information) Act, 1994 complaint

The Applicable Law

Section 5 of the Terms of Employment (Information) Act, 1994 states as follows:

5.(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than—

(a) the day on which the change takes effect, or

(b) not relevant…….

I note from the submissions and evidence of the parties that the complainant’s attendance pattern changed in August 2024, at her request, following a period of sick leave. The complainant should have received written notification of the change, and she did not. I note the efforts of the respondent to rectify the situation and provide an amended contract to the complainant which she did not sign as she had chosen to resign.  As the complainant did not receive written notification of the changes to her terms and conditions of employment in August 2024, I am satisfied that a breach of the legislation occurred.

CA-00067582-002 – Payment of Wages Act, 1991 complaint

This complaint relates to the late payment of salary on the week commencing 18th November 2024 and other occasions where the complainant received her salary payment a day late. Having considered the matter, and acknowledging that it was unsatisfactory for the complainant, I find that there was no breach of the provisions of the legislation because of the short delays that occurred to the complainant’s salary payments.

CA-00067582-003 – Payment of Wages Act, 1991 complaint

This complaint relates to the non-payment of a 30-minute break on each of the Sundays that the complainant worked from August 2024. The complainant stated she was entitled to a paid 30-minute break yet there is no signed contract that shows this entitlement. The respondent did retrospectively pay the complainant for each of the breaks in question despite no contractual obligation to do so. As the payments were not properly payable to the complainant, I find that there was no breach of the legislation on any of the weeks in question.

CA-00067582-001 – Terms of Employment (Information) Act, 1994 complaint

As there was a change to the complainant’s working hours within the employment, there was a requirement to provide written notification of those changes to her. On that basis, I find that the complaint is well founded. However, as there was no detriment to the complainant in not receiving written notification of the changes to her working hours, as she had requested the change and was supported by the employer in the reduction of her hours of attendance, I do not award any compensation in relation to the breach.

CA-00067582-002 – Payment of Wages Act, 1991 complaint

The complainant was always paid her salary albeit it was paid late on occasion. While the issue of late payments, even by a day, is frustrating for the complainant, I find that no breach of the Payment of Wages Act, 1991 has been identified. Accordingly, I find that the complaint is not well founded.

CA-00067582-003 – Payment of Wages Act, 1991 complaint

Although it was not obliged to do so, the respondent paid the complainant for all breaks on each of the Sundays she worked since her return from sick leave. As there was no contractual entitlement to a paid break on a Sunday, I find that there was no breach of the legislation as the payments in questions were not properly payable to the complainant. Accordingly, I find that the complaint is not well founded.

Written notification of changes, late payment of wages, paid breaks