The Workplace Relations Commission awarded Lauren McBride €120 for unpaid training and €435.60 for weeks when she was required to remain available but received too little work. The decision, dated 23 April 2024, also found three complaints about her terms of employment were not well-founded.
McBride said she expected 35 hours of work a week at €30 an hour, but received little work and was not paid for four hours of training. Fsr Atlantic Limited t/a Adhd Now said she was an independent contractor and that her rate was prorated for shorter screening sessions.
The adjudication officer found McBride was an employee for the claims considered under the Payment of Wages and Organisation of Working Time Acts. The five 45-minute sessions were correctly paid at the prorated rate, but withholding pay for necessary training was an unlawful deduction. A contract requiring her to be available for at least 10 hours a week also entitled her to minimum pay when the work offered fell short. Two other complaints duplicated claims already decided and received no separate awards.