ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001729

Complaint for Resolution:

Date of Adjudication Hearing: 3rd May 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 2^nd February 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 3^rd May 2016. At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the adjudication. I also waited for some time to accommodate any late arrival. When there was still no appearance by or on behalf of the respondent, I proceeded with the adjudication in the absence of the respondent. The complainant attended in person.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Complainant’s Submission and Presentation:

The complainant commenced employment with the respondent on the 11^th August 2014 and resigned on the 29^th September 2015. She resigned because she had not been paid for the months of August and September 2015. The payment due in July 2015 had been paid late. She outlined that she had been strung along by the respondent in respect of the August payment. She later received pay slips and a P45 that stated that these monies had been paid. This was incorrect as they had not been paid. The respondent wrote to her on the 23^rd October 2015 to say that it owed the complainant €4,549.49 being outstanding wages and unpaid annual leave. On the 9^th November 2015, she received payment of €2,500. The complainant outlined that she was now owed €2,049.39.

Respondent’s Submission and Presentation:

The respondent did not attend the adjudication and did not make submissions in relation to the complaint.

Findings and reasoning:

The complaint relates to outstanding wages owed to the complainant. She was not paid her wages for the months of August and September 2015 as well as annual leave she was not able to avail of. She resigned arising out of the failure of the respondent to pay wages. The respondent has since discharged some of the monies owed to the complainant, leaving €2,049.39 as now owing to the complainant. I, therefore, find as fact that the complainant is owed €2,049.39 by the respondent.

Decision:

Section 41(4) 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.

Pursuant to this complaint under the Payment of Wages Act, the respondent shall pay to the complainant the amount of €2,049.39, this being outstanding wages owed to the complainant.

Dated:   10^th August 2016