ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049149
Parties:
| Complainant | Respondent |
Parties | Kumar Swapneel Shreyansh | 9th Impact Limited |
Representatives | In person | Did not attend |
Complaints:
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-00060398-001 | 06/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060398-002 | 06/12/2023 |
Date of Adjudication Hearing: 07/03/2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complaints were submitted to the Workplace Relations Commission (WRC) on 6th December 2023. The complaints were assigned the complaint application numbers CA-00060398-001 and CA-00060398-002 and relate to unpaid wages for October 2023 and November 2023 respectively. |
Summary of Complainant’s Case:
The complainant stated in his oral submissions that despite numerous communications with the employer, he did not receive his salary payments in respect of October and November 2023 and his employment subsequently terminated in December 2023. The complainant stated that he is owed €2500 in respect of each month. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
This matter came on for hearing on Thursday 7th March 2024. Both parties were notified of the date, time and venue for the adjudication hearing. The complainant was in attendance. The respondent was not in attendance, and I delayed the start time of the adjudication hearing by approximately 15 minutes to facilitate a late arrival. I reviewed the documentation sent to the respondent at its address and am satisfied that the respondent was on notice of the adjudication hearing. As the respondent did not attend, I proceeded with the hearing and the complainant outlined his complaints regarding the non-payment of wages for the months of October and November 2023. The complainant also supplied his bank statements post hearing for the periods in question which did not show that any salary payments were made to him. Conclusions Having considered the submissions and documentation relating to the complaint, and in the absence of any input from the respondent to the contrary, I accept the complainant’s position that he did not receive salary payments in respect of October and November 2023. I also note that the complainant stated he did not receive a salary payment in respect of December 2023 and his employment was also terminated in December 2023. The complainant stated he will address these issues in further complaints yet to be submitted. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00060398-001 In all of the circumstances of the matter, I find that the complaint is well founded. The respondent is directed to pay the complainant €2500.00 in respect of unpaid wages for the month of October 2023. CA-00060398-002 In all of the circumstances of the matter, I find that the complaint is well founded. The respondent is directed to pay the complainant €2500.00 in respect of unpaid wages for the month of November 2023. |
Dated: 13TH of March 2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Non-payment of wages |