ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002843
Complaint 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-00003945-001 | 19/04/2016 |
Venue: WRC; Tom Johnson House, Haddington Road, Dublin 4.
Date of Adjudication Hearing: 02/08/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under section 6 of the Payment of Wages Act, 1991 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.
Background
The Complainant was employed as Retail Development Manager from 15th January 2016 to 9th March 2016. His salary was €3,750 gross, per month
Complainant’s Submission and Presentation:
He stated that he started work with the Respondent on 15th January 2016 and he was not paid any Salary despite his requests for payment. They are now not responding to my correspondence. They also have not reimbursed his expenses incurred while working with them. He has claimed the following 1) salary €1,875 net for January, €2,501 for February and €3,836.10 for March. 2) Expenses €1,358 for January and €1,916.93 for February. |
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings:
) Salary
I note the three payslips provided by the company which confirmed that he was due €1,875 net for January, €2,501 net for February and €3,836.10 net for March, totalling €8,212.10.
I find that he is owed that amount.
2) Expenses
Sec 1 (1) (b) of the Payment of Wages Act states that expenses are not part of wages “ the following payments shall not be regarded as wages for the purpose of this definition (1) any payment in respect of expenses incurred by the employee in carrying out this employment.”
Therefore I may not adjudicate upon the expenses claim.
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 and under section 6 of the Payment of Wages Act, 1991
I have decided that the Respondent has contravened Sec 5 of this Act.
As per Sec 6 (2) of the payment of Wages Act I have decided that the complaint is well founded and I order the Respondent to pay the Complainant €8,212.10 within six weeks of the date below.
Dated: 16th August 2016