ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051909
Parties:
| Complainant | Respondent |
Parties | Dorota Sokol | Owen Mansfield Care Company Limited By Guarantee |
Representatives | Dónal Holohan of Maguire McClafferty LLP |
|
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-00063538-001 | 17/05/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00063538-002 | 17/05/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00063538-003 | 17/05/2024 |
Date of Adjudication Hearing: 07/08/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
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 was the personal assistant for a Mr Owen Mansfield. Initially this work was provided through a third-party company and then later a specific company was established for Mr Mansfield’s care which was funded by the HSE.
In December 2023 the Complainant was assisting Mr Manfield in taking a holiday which required her to work long and unsociable hours.
Mr Mansfield unfortunately passed away on the 5th of December 2023.
At that time the Complainant had not yet been paid as she was normally paid in arrears.
At the outset of the hearing the Complainant’s representative clarified that she was not pursuing CA-00063538-002 and CA-00063538-003. |
Summary of Complainant’s Case:
The Complainant was assisted by an interpreter. She is owed her pay for December 2023 inclusive of overtime pay and unsociable hour rates.
She worked up until the 8th of December. There were three days outstanding from the previous month. At home she usually shares the role with another carer but as Mr Mansfield was abroad she was required to work quite high hours.
Her solicitor provided the following breakdown of what is owning: Basic hours 106 x €17.70 = €1,820.20 Antisocial hours 40 x €19.17 = € 766.80 Saturday hours 1 x €10.71 = € 10.71 Sunday hours 14 x €32.34 = € 452.76 Overnight 80 hours x €11.30 € 904.00
These outstanding payments total €3978.47 |
Summary of Respondent’s Case:
Mr Mansfield’s brother Scott Mansfield attended representing the Respondent. He does not know anything about the Complainant’s employment. The Company is subject to HSE funds. Since his brother died he’s done everything he could to help any workers who helped him get what they’re entitled to. |
Findings and Conclusions:
CA-00063538-001 The Complainant has provided evidence that she was owed €3978.47 in wages which should have been paid towards the end of December 2023 if that payroll had been able to run. Section 5(1) of the act provides that An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it. The Respondent does not dispute that this sum was properly payable or suggest that one of the above exceptions apply. |
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.
CA-00063538-001 The complaint is well founded and I direct the Respondent to pay the Complainant €3978.47. |
Dated: 04th of June 2025
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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