Workplace Relations Commission (WRC) - RECENT Decisions & judgements
Adjudication Reference: ADJ-00008970
Employee Awarded €166.50 for unpaid wages under the Payment of Wages Act
The Complainant stated that she worked on 9th, 10th and 11th May 2017, a total of 18 hours. She did not receive any payment, stating she was owed €166.50 for the hours unpaid (18 hours X €9.25 hourly rate = €166.50)
The Respondent stated that the Complainant was offered employment and would have to work two shifts and if deemed ‘suitable’ she would be paid for these shifts. If she was not deemed suitable she would not be paid for them. She was unsuitable but unfortunately her Manager failed to tell her this and she worked a third shift. She worked a total of 18 hours.
The Respondent offered to pay her for 10 hours as a gesture of ‘good will’ and required her PPS number in order to arrange payment but the Complainant never provided this to them. The Respondent stated that this system of checking ‘suitability’ was used for all new staff.
In determination of its decision, the Adjudication Officer noted that the Complainant worked a total of 18 hours and so should have been paid for 18 hours. The Adjudication Officer noted the arrangement that the Respondent applied to her in assessing her suitability. The Adjudication Officer found this practice of trialling persons and only paying them if they are deemed suitable to be unlawful. The Adjudication Officer found that the Complainant to be entitled to 18 X €9.25 = €166.50 gross less statutory deductions.
As noted by the Adjudication Officer, all Employees are entitled to be paid for work they have completed. The following payments constitute wages for the purposes of the legislation:
Wages and salary may legally be paid through the following means:
Adjudication Reference: ADJ-00006772
Claim under the Payment of Wages Act 1991 not successful
The Complainant was obliged to work 32 hours per week under the terms of his contract of employment but claimed that he regularly worked in excess of this number of hours per week but was not paid for the additional hours that he worked. The Complainant further submitted that he wasn’t paid for the last week of his employment and for two other weeks during his period of employment.
The Complainant claimed that he was due an amount of €1,500.00 in unpaid wages when his employment with the Respondent terminated in August 2016.
The Respondent submitted that the Complainant was paid for every hour that he worked during his period of employment and it submitted documentation (including payslips and clock records of hours worked for the Complainant) in support of this contention.
The Respondent submitted that the Complainant left his employment of his own volition on in August 2016 to take up alternative employment and denied the claim that he was due an amount of €1,500.00 in unpaid wages at the time is employment was terminated.
Upon review, the Adjudication Officer was satisfied that the records as provided by the Respondent demonstrated that the Complainant was paid for all of the hours that he worked during the period concerned. The Adjudication Officer found that the Complainant failed to produce any evidence to support his claim that he was due an amount of €1,500.00 in unpaid wages upon the termination of his employment.
Accordingly, the Adjudicating Officer found that the Complainant’s claim under the Payment of Wages Act 1991 was not well founded.
As illustrated in this case, it is essential for Employers to retain records of payment made to Employees. Given the burden of proof lies with the Employer to demonstrate compliance with the Payment of Wages Act, in the event of a dispute arising records of payments made are critical in order to successfully rebut any claim made.
In line with requirements, an Employer is required to provide an Employee with a written statement, i.e. a payslip, specifying the following:
The Employer must take steps to ensure that the statement and its content are treated confidentially. This statement should be provided at the time of payment, or, where payment is made by credit transfer as soon as reasonably practicable thereafter.
Employee Awarded €166.50 for unpaid wages under the Payment of Wages Act
The Complainant stated that she worked on 9th, 10th and 11th May 2017, a total of 18 hours. She did not receive any payment, stating she was owed €166.50 for the hours unpaid (18 hours X €9.25 hourly rate = €166.50)
The Respondent stated that the Complainant was offered employment and would have to work two shifts and if deemed ‘suitable’ she would be paid for these shifts. If she was not deemed suitable she would not be paid for them. She was unsuitable but unfortunately her Manager failed to tell her this and she worked a third shift. She worked a total of 18 hours.
The Respondent offered to pay her for 10 hours as a gesture of ‘good will’ and required her PPS number in order to arrange payment but the Complainant never provided this to them. The Respondent stated that this system of checking ‘suitability’ was used for all new staff.
In determination of its decision, the Adjudication Officer noted that the Complainant worked a total of 18 hours and so should have been paid for 18 hours. The Adjudication Officer noted the arrangement that the Respondent applied to her in assessing her suitability. The Adjudication Officer found this practice of trialling persons and only paying them if they are deemed suitable to be unlawful. The Adjudication Officer found that the Complainant to be entitled to 18 X €9.25 = €166.50 gross less statutory deductions.
As noted by the Adjudication Officer, all Employees are entitled to be paid for work they have completed. The following payments constitute wages for the purposes of the legislation:
- Normal basic pay as well as any overtime;
- Shift allowances or other similar payments;
- Any fee, bonus or commission;
- Any holiday, sick or maternity pay;
- Any other return or payment for work;
- Any sum payable to an Employee in lieu of notice of termination of employment.
Wages and salary may legally be paid through the following means:
- Cheque or draft or other bill of exchange drawn on a commercial bank or a trustee savings bank;
- Postal, money or paying order, or warrant issued by, or drawn on, An Post
- Credit transfer to an account specified by the Employee concerned;
- Cash
Adjudication Reference: ADJ-00006772
Claim under the Payment of Wages Act 1991 not successful
The Complainant was obliged to work 32 hours per week under the terms of his contract of employment but claimed that he regularly worked in excess of this number of hours per week but was not paid for the additional hours that he worked. The Complainant further submitted that he wasn’t paid for the last week of his employment and for two other weeks during his period of employment.
The Complainant claimed that he was due an amount of €1,500.00 in unpaid wages when his employment with the Respondent terminated in August 2016.
The Respondent submitted that the Complainant was paid for every hour that he worked during his period of employment and it submitted documentation (including payslips and clock records of hours worked for the Complainant) in support of this contention.
The Respondent submitted that the Complainant left his employment of his own volition on in August 2016 to take up alternative employment and denied the claim that he was due an amount of €1,500.00 in unpaid wages at the time is employment was terminated.
Upon review, the Adjudication Officer was satisfied that the records as provided by the Respondent demonstrated that the Complainant was paid for all of the hours that he worked during the period concerned. The Adjudication Officer found that the Complainant failed to produce any evidence to support his claim that he was due an amount of €1,500.00 in unpaid wages upon the termination of his employment.
Accordingly, the Adjudicating Officer found that the Complainant’s claim under the Payment of Wages Act 1991 was not well founded.
As illustrated in this case, it is essential for Employers to retain records of payment made to Employees. Given the burden of proof lies with the Employer to demonstrate compliance with the Payment of Wages Act, in the event of a dispute arising records of payments made are critical in order to successfully rebut any claim made.
In line with requirements, an Employer is required to provide an Employee with a written statement, i.e. a payslip, specifying the following:
- The gross amount of the wages payable;
- The nature and amount of any deductions made.
The Employer must take steps to ensure that the statement and its content are treated confidentially. This statement should be provided at the time of payment, or, where payment is made by credit transfer as soon as reasonably practicable thereafter.
Note on WRC:
The establishment of the Workplace Relations Commission on the 1st October 2015 is the most radical restructuring of employment legislation over the last 30 years. Organisations are encouraged to understand all facets of the WRC, how it now operates and what to expect when required to defend a claim at the third parties.
The establishment of the Workplace Relations Commission has resulted in the combined functions of the Labour Relations Commission, Rights Commissioner Service, the Equality Tribunal, the Employment Appeals Tribunal and the National Employment Rights Authority (NERA).
In addition to this the Labour Court has been reconfigured in order to hear appeals.
The strategic aims of the new Workplace Relations Commission include an independent, effective and impartial workplace relations service, a more workable means of redress within a reasonable timeframe and an overall reduction in costs. The new Workplace Relations Commission is also anticipated to be more centralised, in terms of maintaining a database of case information, the end result bring a better service for both Employers and Employees and a much more streamlined, simplified process.
The establishment of the Workplace Relations Commission on the 1st October 2015 is the most radical restructuring of employment legislation over the last 30 years. Organisations are encouraged to understand all facets of the WRC, how it now operates and what to expect when required to defend a claim at the third parties.
The establishment of the Workplace Relations Commission has resulted in the combined functions of the Labour Relations Commission, Rights Commissioner Service, the Equality Tribunal, the Employment Appeals Tribunal and the National Employment Rights Authority (NERA).
In addition to this the Labour Court has been reconfigured in order to hear appeals.
The strategic aims of the new Workplace Relations Commission include an independent, effective and impartial workplace relations service, a more workable means of redress within a reasonable timeframe and an overall reduction in costs. The new Workplace Relations Commission is also anticipated to be more centralised, in terms of maintaining a database of case information, the end result bring a better service for both Employers and Employees and a much more streamlined, simplified process.
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