not charging staff full price forced to resign and not getting paid for work done

ikewater

My daughter worked for the last 6 months in a shop while in college. She was forced to resign for selling lunch to staff for not the full price. She completely understand this was wrong and fully regrets for doing this .
She didnt recieve her pay for the week she had worked and has not received her holiday pay for the months she worked. I feel she has a case to bring to the WRC however she is fearful they will report her to the Gardai. They warned her they would report her to the gardai if she did not resign immediately. This was her first issue with the employer and her first job as in first year in college. It was common practice in the shop to do this other staff involved got a warning.

Is she entitled to her last weeks pay and holiday pay in this case ?

What would the implications be if reported to the Gardai ?

Augme

The implications are that she could be arrested. Now the likelihood of the shop calling the gardai, the gardai actually willing to investigate this and the DPP willing to prosecute are all to for discussion. In terms of the gardai willing to investigate and the DPP will to prosecute, I'd say very very slim.

If the shop withhold her wages and holiday pay, they are also breaking the law so your daughters bargaining position is quite strong.

I'd certainly be sending an email asking why she hasn't received her wages and holiday pay and see what they say.

SteM

How long ago did she resign, has there been enough time for whoever does the payroll to sort it out? What have the shop owners/manager said to her about the money she is due for pay and holiday pay? Are they refusing point blank to pay it?

mountai

Let the Hare sit . Does she really need to risk starting her working life with a record for theft hanging over her . Not that I think the employer is right . Swallow it and behave in her next job after her education finishes .

Jim2007

Well the waters are very buddy….

What she did is theft and is a criminal offence. The company would be within their rights to make a complaint to the Garda, but it is very hard to say how it would pan out. At the same time the company should have paid her what she was entitled to as she resigned and was not terminated.

What you can expect thought is that if you take a case to the WRC is that a criminal complaint will be made, because that is going to be part of their defence and you can argue on the one hand the matter was so serious you kicked her out, but not serious enough to actually follow through on it by making a complaint.

Depending on the amount involved, it might be worth talking to a solicitor.

mondeoman72

She is entitled to her holiday money at 8% of hours worked and any outstanding wages. The shop is entitled to prosecute her for theft.

You feel she has a case for the WRC. Maybe you do, but they absolutely have the right to prosecute your daughter and label her a thief.