ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000088
Complaint(s)/Dispute(s) for Resolution:
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-00000131-001 | 08/10/2015 |
Date of Adjudication Hearing: 22/02/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
During my employment with the Respondent Restaurant I was constantly waiting to get paid, the building where I worked was repossessed by the landlady and at that point I was owed around 5 weeks pay and holiday pay as well, I have been in contact with my employer regarding this and he did say he would have some of what was owed to me by end of June 2015 but I have not received anything or a p45 |
Respondent’s Submission and Presentation:
Did not attend and no submission received.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act ,1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Issues for Decision:
Payment of Wages, as defined in the Act and claimed by the Complainant for the period from week 17 (26/04/2015) to end of employment at 05/06/2015.
Legislation involved and requirements of legislation:
Payment of Wages Act, Section 6, 1991.
Decision:
Allowing for the non attendance of the Respondent and the paucity of records available I accepted the veracity of the evidence given by the Complainant.
Accordingly find the claim made by the Complainant for (five weeks pay and three weeks holidays) to be well founded and direct that 5 /five weeks pay and 3 / three weeks holiday pay = a total of 8 weeks pay = gross pay of €615.38 by 8 = € 4,923.04 be paid to the Complainant.
This payment is of course subject to all Employment Taxation / Social Insurance charges.
Dated: 7 April 2016