ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055323.
Parties:
| Complainant | Respondent |
Parties | Kipkorir Francis Kiptoo | BGS Security Limited t/a BGSS |
Representatives | David Cotter of Independent Workers' Union | Non-Represented. No appearance. |
Complaints:
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-00067400-001 | 14/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00067400-002 | 14/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00067400-003 | 14/11/2024 |
Date of Adjudication Hearing: 02/05/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 ; Section 6 of the Payment of Wages Act, 1991 ; Section 45A of the Industrial Relations Act, 1946 and Section 7 of the Terms of Employment (Information) Act, 1994 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered. It was not deemed necessary.
Background:
The issues in contention concern an alleged Non Payment of Wages, a breach of the Statutory Regulations in the Security Industry Employment Regulation Order and the non-Provision of a Contract of Employment. |
1: Summary of Complainant’s Case:
The Complainant was represented by Mr Cotter of the IWU. A written submission was submitted and a considerable oral testimony, under sworn Oath / Affirmation was provided. 1:1 Payment of Wages Act, 1991 CA-00067400-001 Detailed calculations were provided including Pay Slips , Work rosters & Wage Records to establish a Payment Liability of €4,213.96 due the Complainant. 1:2 Section 45A of the Industrial Relations Act, 1946 CA-00067400-002 Evidence was provided that the Respondent effectively ignored the requirements of the Employment Regulations Order. Compensation is due to the Complainant for this egregious breach of Statutory Rights. 1:3 Terms of Employment (Information) Act, 1994 CA-00067400-003 No proper Contract of Employment was issued to the Complainant. 1:4 General Comments Mr Cotter of the IWU provided detailed evidence of numerous efforts he had made ,to no avail, to establish contact , in the hope of local agreed settlement, with the Respondent
|
2: Summary of Respondent’s Case:
The Respondent did not attend the Oral Hearing and no evidence was submitted. The Adjudication Officer was satisfied that proper notice of the time, date and place of the Hearing had been served. In a grace period of three weeks post the Hearing no mitigating bona fide explanations were received for the non-appearance. |
3: Findings and Conclusions:
3:1 General Comments This case is one of numerous cases being taken by former employees against this Respondent. Adj -00055412 of the March 2025 sets out in comprehensive detail the long list of Adjudications featuring the Respondent. None the less each case has to be seen and Adjudicated on based on it’s own background facts and specific evidence. 3:2 Payment of Wages Act, 1991 CA-00067400-001 Mr Cotter of the IWU set out a comprehensive case supported by detailed evidence to establish that a sum of €4,213.96 was due to the Complainant. As there was no rebuttal Respondent evidence or counter arguments the case has to fall in Mr Cotter’s favour. The Wages due will have to be paid. 3:3 Section 45A of the Industrial Relations Act, 1946 CA-00067400-002 The Complainant comprehensively demonstrated that the Regulations under the Security Employment Regulation Order were ignored. All evidence was given under Oath/Affirmation and in the absence of any Respondent rebuttal counter arguments the Complainant’s case has to be seen as Well Founded. Compensation is due. 3:4 Terms of Employment (Information) Act, 1994 CA-00067400-003 The Complainant and his Representative gave sworn testimony. No satisfactory contract of employment was ever provided. In the absence of any Respondent rebuttal counter arguments the Complainant’s case has to be seen as Well Founded. Compensation is due.
|
4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 6 of the Payment of Wages Act, 1991 ; Section 45A of the Industrial Relations Act, 1946 and Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 Payment of Wages Act, 1991 CA-00067400-001
The complaint is deemed Well Founded. Under Section 6 of the Act the Adjudication decision is that he sum of €4,213.96 be paid to the Complainant as soon as possible but no later than four weeks from the date of the publication of this Adjudication Decision.
4:2 Section 45A of the Industrial Relations Act, 1946 CA-00067400-002
The Complaint is Well Founded.
As set out in Adj-00055412 of the March 2025, referred to above the system of Employment Regulation orders was established by the Oireachtas as a safeguard for Workers and as importantly to law abiding Employers. Blatant flouting of the Order is egregious to ,fair commercial trading, good Industrial practice and National Industrial relations.
Accordingly an award of one year’s pay –(approximately based on figures supplied ) equivalent to €26,500 is directed to be paid to the Complainant as soon as possible but no later than four weeks from the date of the publication of this Adjudication Decision.
This is for Breach of a Statutory Right and is not remuneration.
4:3 Terms of Employment (Information) Act, 1994 CA-00067400-003
The Complaint is Well Founded .
A Compensation Award of some four week’s pay – approximately € 2,000 is directed to be paid tot eh Complainant as soon as possible but no later than four weeks from the date of the publication of this Adjudication Decision.
This is for Breach of a Statutory Right and is not remuneration.
Dated: 9th July 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Payment of Wages, Employment Regulation Order, Terms of employment Information. |