ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056901
Parties:
| Complainant | Respondent |
Parties | Kateryna Sarycheva | Kpk Food Enterprises Limited |
Representatives | Self represented | The Owner |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00069173-001 | 10/02/2025 |
Date of Adjudication Hearing: 03/06/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant worked from to August 8th 2024 to September 9th 2024 as a Pizza Maker and submitted a complaint that she had not been paid the minimum wage. The Complainant also listed a number of other issues she had while working for the Respondent but did not identify a breach of any other Act in her complaint form. The sole issue properly before the Adjudicator was any possible breach of the National Minimum Wage Act 2000. |
Summary of Complainant’s Case:
The Complainant advised she was paid 381 Euros for a 30 hour week. The Complainant claimed this was under the minimum wage required to be paid. The Complainant advised she was mainly paid in cash and did not receive payslips. The Complainant sought compensation for her stress over the issue. The Complainant identified a number of other issues she alleged were breaches of her employment rights but did not identify any other Act under which a breach occurred. |
Summary of Respondent’s Case:
The Respondent submitted a detailed analysis of hours worked, amounts paid, holidays due/paid etc. and advised that they had paid the Complainant an amount of 361.91 Euros since her employment ended (September 2024) and that this was in settlement of any wages or holiday pay due from her employment and that the Complainant had accepted this payment in settlement of what was due to her for her hours worked. The Respondent analysis showed all hours were paid at 12.90 Euros and the National Minimum rate at the time was 12.70 Euros and this showed no breach of the Act occurred. |
Findings and Conclusions:
The Complainant accepted that she had been paid the amount as outlined above by the Respondent after she left the employment in final payment for any outstanding entitlements for hours worked, wages due and holiday pay due. The Complainant did not set out an analysis of the amounts by which she alleged the National Minimum Wage Act 2000 was breached. The Complainant wished to have addressed a number of other issues of dissatisfaction while working with the Respondent which she had listed in her complaint form but was advised these issues were not covered by the National Minimum Wage Act 2000 which she submitted her complaint under and which the Hearing was convened and the Adjudicator had no statutory power to investigate these issues. I find that the Complainant has not set out any breach of the Act. There is no provision under the Act for an Adjudicator to consider a compensation payment as sought for the alleged stress of the Complainant. |
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.
I find there was no breach of the Act set out at the Hearing and the complaint is not well founded. |
Dated: 25th June 2025.
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Minimum Wage |