Complainant

Respondent

Parties

Emilia  Moreno Coco

Leeson Catering Limited

Representatives

  Self-Represented

 No Appearance

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-00068952-001

30/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act 1997

CA-00068952-002

30/01/2025

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

CA-00068952-003

30/01/2025

The Complainant referred her complaints to the WRC on the 30th January 2025. She claimed to be owed outstanding wages, compensation for working on Sundays and outstanding tips.

The Complainant commenced employment with the Respondent on the 8th April 2024. She was employed as Front of House/Waitress and she earned €13.00 per hour.

The Complainant confirmed that after referring her complaints to the WRC the wages owed to her for pay periods 49 and 50 from 2024 and pay periods 1 and 4 from 2025 were paid to her and accordingly complaint CA-00068952-001 was withdrawn at the hearing. 

The Complainant stated that she did not receive compensation when she worked on a Sunday.

The Complainant stated that when she started working for the Respondent she was told that she and her colleagues would be paid tips received from customers to be divided between all of the staff. This happened up until December 2024 but then the Complainant and her colleagues stopped being paid the tips the Respondent received from customers. The Complainant was informed by her manager that the Respondent owed the staff around €6,700 in tips. The Complainant  stated that 20% of the tips went to the kitchen staff with the remainder divided equally amongst the floor staff. To the best of her recollection there were six or seven floor staff including herself employed by the Respondent at the relevant time so she believed that her share of the tips was approximately €800 to €900.

The Respondent did not attend the scheduled hearing of this complaint. Having carefully reviewed the file I am satisfied that the Respondent was on notice of the claim against it and the hearing date, time and venue. I waited a reasonable time before proceeding with the hearing in the absence of the Respondent.

In making these findings, I have considered the documentation submitted by the parties and the oral evidence adduced and the submissions made at the hearings summarised above.

CA-00068952-001: Payment of Wages Act 1991

This complaint was withdrawn at the hearing.

CA-00068952-002: Organisation of Working Time Act 1997

The complaint referred to the WRC is that the Complainant did not receive compensation when she worked on a Sunday.

The Relevant Law

Section 14 of the Organisation of Working Time Act 1997 (hereinafter referred to as “the 1997 Act”) provides as follows:

Sunday work: supplemental provisions

14(1) An employee who is required to work on a Sunday (and the fact of his or her having to work on that day has not otherwise been taken account of in the determination of his or her pay) shall be compensated by his or her employer for being required so to work by the following means, namely—

(a) by the payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or

(b) by otherwise increasing the employee’s rate of pay by such an amount as is reasonable having regard to all the circumstances, or

(c) by granting the employee such paid time off from work as is reasonable having regard to all the circumstances, or

(d) by a combination of two or more of the means referred to in the preceding paragraphs.

The Complainant stated that while she did not work every Sunday she worked most Sundays and that she was never paid any additional payment or granted paid time off for working on a Sunday. She also stated that she was never informed that her hourly rate was a composite rate which included a premium for working on Sunday.

The Complainant presented as a credible witness, providing additional detail as required by the Adjudication Officer and supporting her contentions with documentation where possible. Taking into consideration the evidence of the Complainant and the documentation submitted to the WRC I am satisfied that the Complainant has established her claim under the 1997 Act and I find that this complaint is well-founded and I order the Respondent to pay the Complainant compensation in the amount of €500.00 for the breach of the Complainant’s statutory rights. This award is just and equitable having regard to all the circumstances.

CA-00068952-003: Payment of Wages Act 1991

The complaint referred to the WRC is that the Complainant was not paid tips and gratuities collected by the Respondent.

From the 1st December 2022 the Payment of Wages (Amendment)(Tips and Gratuities) Act 2022 introduced new rules as to how employers have to share tips, gratuities and service charges.

I am satisfied that there was an agreement between the Respondent and the Complainant and her colleagues that tips would be distributed and this was clearly not honoured. While it is not clear what became of any tips collected by the Respondent section 4B(2) of the Payment of Wages Act 1991 (hereinafter referred to as “the 1991 Act”) makes it clear that “an employer shall not retain any share of tips or gratuities received by the employer by an electronic mode of payment”.

The Complainant presented as a credible witness, providing additional detail as required by the Adjudication Officer and supporting her contentions with documentation where possible. She gave honest evidence of what she believed she was owed for tips. It is clear from her evidence and the documentation submitted to the WRC that significant tips were generated. The Complainant was informed by her manager that the outstanding tips were in the region of €6,700. I accept that the Complainant has no way of calculating exactly what was owed to her. What became of the tips is not clear except to the extent that neither the Complainant nor her colleagues received any of them.

Taking into consideration the evidence of the Complainant and the documentation submitted to the WRC I am satisfied that the Complainant has established her claim under the 1991 Act. I find that this complaint is well-founded and that the Complainant is entitled to compensation of €900 which I find is reasonable having regard to all the circumstances.

CA-00068952-001: Payment of Wages Act 1991

This complaint was withdrawn at the hearing.

CA-00068952-002: Organisation of Working Time Act 1997

For the reasons set out above, I find that the complaint is well-founded. I order the Respondent to pay the Complainant compensation in the amount of €500.00 for the breach of the Complainant’s statutory rights. This award is just and equitable having regard to all the circumstances.

CA-00068952-003: Payment of Wages Act 1991

For the reasons set out above, I find the complaint is well-founded. I order the Respondent to pay the Complainant compensation in the amount of €900.00 less any lawful deductions. This award is reasonable having regard to all the circumstances.