ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001291

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-00001734-001	04/01/2016

Date of Adjudication Hearing: 06/04/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or 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:

My pay increment due on 01 April 2014 (valued at €30.47 per week), and pay increment due 01 April 2015 (valued at €30.75 per week) have not been paid since 01 July 2015 to date 01 Jan 2016. Total due €61.22 by 27 weeks = €1652.94. Please note that this is the 5th claim served at six month intervals and I am currently awaiting an EAT decision on the first 2 claims.

Respondent’s Submission and Presentation:

The Respondent submitted that

The matters at issue are effectively res judicata as the Employment Appeals Tribunal has already dealt with the issues (Case No PW77/2014 & PW283/2014 dated the 24^th February 2016.)
The Adjudication Officer is estopped from hearing the case as the matters at issue have been the subject of Labour Court Recommendation LCR 20524
There was no unlawful deduction of wages within the meaning of the Act as the Claimant consented to the non- payment through acquiesce and through the actions of the ICTU
The Claimant’s contract of employment permitted deduction and non payment of wages
No unlawful deduction or non –payment of wages has occurred.

Decision:

Section 41(4) of the Workplace Relations Act 2015 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 and Section 6 of the Payment of Wages Act, 1991.

Issues for Decision:

Are the matters in this claim res judicata as the Employment Appeals Tribunal has already heard the matters at issue and furthermore is the Adjudication officer estopped from hearing the claim as Labour Court Recommendation LCR 20524 has effectively also considered the subject matters involved.

Legislation involved and requirements of legislation:

Payment of Wages Act, 1991

Decision:

I considered the evidence submitted in writing and orally by both parties. I allowed additional time to the Complainant, who was unrepresented at the hearing on the 6^th April 2016, to seek legal advice and make supplemental legal submissions.

As the Employment Appeals Tribunal (Case No PW77/2014 & PW283/2014 dated the 24^th February 2016.) has already dealt with the subjects at issue in this claim and furthermore the Labour Court in LCR 20524 has also considered the relevant matters I find that I have no basis for a role in this claim.

Accordingly the claim as presented is dismissed.

Dated: 11^th August 2016