Complainant

Respondent

Parties

Jurgita  Kriskute

Sodexo

Complainant

Respondent

Anonymised Parties

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Representatives

Sinead Cockram The HR Suite

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-00069329-001

17/02/2025

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)

CA-00072067-001

02/06/2025

Following a letter she received from the Respondent on 20 December 2022, the Complainant stated that she did not subsequently receive the pay increases set out therein.

The Complainant also stated that she did not receive a discretionary performance voucher that she was entitled to on 1 June 2025.

CA-00069329-001

On 20 December 2022, the Respondent issued a letter to the Complainant confirming a pay increase to €16.62 per hour during the day shift and €18.28 per hour during the night shift. It stated that the increase was “exclusive of allowances”. Despite this letter clearly stating that the rate of pay excluded the allowances she was entitled to, the Complainant has not received payment of these since she received formal notification of same on 20 December 2022.

CA-00072067 -001:

The Complainant stated that she did not receive a discretionary performance voucher that she was entitled to on 1 June 2025 in respect of her absenteeism record.

CA-00069329-001

On 20 December 2022, the Respondent issued a letter to the Complainant confirming a pay increase to €16.62 per hour during the day shift and €18.28 per hour during the night shift. This letter contained an administrative error. Specifically, it incorrectly stated that the increase was “exclusive of allowances,” whereas the correct position was that the pay increase was inclusive of allowances. Notwithstanding the administrative error in the letter of 20 December 2022, the Complainant was paid the correct rate of pay, inclusive of allowances, thereafter.

The Complainant did not raise a complaint in relation to the administrative error internally until August 2023. The complaint was investigated thoroughly; the complaint received an investigation finding report on 23 November 2023 which found that the rates of pay were an inclusive rate (base pay plus 20% shift premium) and that there was an error in the letter of 20 December 2022.

It was also highlighted by the Respondent that the Complainant did not appeal the findings of the grievance at the time.

CA-00072067 -001:

This complaint was conceded by the Respondent.

CA-00069329-001

Section 41(6) of the Workplace Relations Act, 2015 provides as follows in respect of time limits: 

“Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

Section 41(8) of the Workplace Relations Act, 2015 provides that if a complaint is not submitted within six months of the alleged contravention, an extension may be granted by an Adjudication Officer up to a maximum time limit of twelve months where, in the opinion of the Adjudication Officer, the Complainant has demonstrated reasonable cause for the delay in accordance with the provisions:

“An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the period referred to in subsection (6) or (7) (but not later than six months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.” 

Following a grievance raised by the Complainant in August 2023, I am satisfied that she was informed in the outcome of the grievance investigation on 23 November 2023 that there was an error in the letter dated 20 December 2022. Specifically, it was found that the letter should have stated that her rate of pay was €16.62 per hour for day shifts and €18.28 per hour for night shifts, inclusive of allowances, rather than exclusive of them.

I note that she subsequently stated in her complaint form submitted to the WRC on 17 February 2025 that the rates of pay exclusive of allowances were payable. As the complaint was made more than 12 months after she was formally notified by the Respondent on 23 November 2023 that the rates set out in the letter of 20 December 2022 were incorrect, I find that I do not have jurisdiction to hear it.

CA-00072067 -001:

As this complaint was conceded by the Respondent, I find that the complaint is well founded.

CA-00069329-001:

I find that I do not have jurisdiction to hear this complaint for the reason set out above.

CA-00072067 -001:

As she was not paid in the amount €400 by way of a voucher that the Respondent accepts she was entitled to, I direct that the Respondent pay an amount of €400 net to the Complainant.