Complainant

Respondent

Parties

Alison  Lema Pineiro

Trinity Support Care Services

Representatives

Vernon Hegarty SIPTU

Dominic McGeown Trinity Support Care Services

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-00069201-003

11/02/2025

The complainant alleges that amounts were unlawfully deducted from her wages. The complaint was not contested at the hearing.

The Respondent supplies residential care and outreach support services to children and adults with intellectual disabilities, autism, and associated mental health needs. The Complainant commenced employment with the Respondent on 24th October 2024 as a ‘Relief Social Care Worker’. The Complainant stated that the relevant pay rates applying in the relevant period were as follows:

 a. €18.30 per hour (normal rate)

b. €27.45 (T + ½)

c. €36.60 (‘Double time’)

 The Complainant stated that she was underpaid for hours worked on dates attracting the ‘normal rate’ (21, 22, 24, 28, 29, 30 December and January 4), as follows:

a. Respondent paid for 60 hours @ €18.30 = €1,098.00

b. Complainant due for 87.25 hours @ €18.30 = €1,596.68

c. The above representing underpayment of €498.68.

The Complainant stated that she was underpaid for hours worked on Christmas Day as follows:

 a. Respondent paid €384.30

b. Complainant due (15.25 hours @ Double time) = €558.15

c. The above representing underpayment of €173.85

The Complainant stated that she is owed €55 in respect of travel allowance due for the period. The Complainant left the employment and tried to resolve the outstanding issue of outstanding payments due but to no avail. 

In total the amount due €727.53.

There was no appearance for or on behalf of the Respondent. I am satisfied based on the information contained on the case file that the Respondent was properly on notice of the date time and venue for the hearing.

This complaint was referred to the Workplace Relations Commission under the relevant provisions of the Payment of Wages Act 1991. The matter concerns alleged unlawful deductions and underpayment of wages.

The Respondent provides residential care and outreach support services to children and adults with intellectual disabilities, autism, and associated mental health needs. The Complainant commenced employment on 24 October 2024 as a Relief Social Care Worker.

The Complainant’s uncontested evidence was that she was not paid correctly for hours worked during late December 2024 and early January 2025, including premium pay for Christmas Day, and that she is also owed travel expenses.

The Complainant submitted that the applicable hourly rates were €18.30 per hour (standard rate) €27.45 (time and a half) and €36.60 (double time).

She contends that:

(a) Underpayment of standard hours:

She was paid for 60 hours @ €18.30 = €1,098.00

Worked: 87.25 hours @ €18.30 = €1,596.68

Shortfall: €498.68

These hours relate to work carried out on 21, 22, 24, 28, 29, 30 December 2024 and 4 January 2025.

(b) Underpayment for Christmas Day:

She was Paid: €384.30

Her entitlement was 15.25 hours @ €36.60 = €558.15

Shortfall: €173.85

(c) Travel Allowance:

Outstanding: €55.00

The Complainant submits that despite attempts to resolve the matter following the termination of her employment, the Respondent failed to discharge the outstanding amounts.

The amount due and owing to the Complainant is  €727.53

The Complainant has provided a clear and detailed breakdown of hours worked and payments received. The rates of pay are not in dispute. There is no contradictory evidence from the Respondent challenging either the hours worked or the calculations submitted.

In the absence of any rebuttal evidence, I find the Complainant’s evidence credible and prefer it.

Accordingly, I am satisfied that the complaint is well founded. I am awarding the complainant the sum of € 727.53.

The complaint is well founded. I am awarding the complainant €727.53.