ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003090
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-00004434-001 | 12/05/2016 |
Date of Adjudication Hearing: 22/07/2016
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:
I stopped working for Respondent security at the beginning of April and requested my final payment and P45 as i need it for my new employment i was told that my P45 Could not be issued until i received my final payment, when i received my payslip it had been short by around 30 hours so i called the office to let them know, They told me it would be payed to me in the next pay which was 2 weeks later but the amount that was on my payslip was never received, I called the office multiple times the week after the payslip was issued and was told there was a problem with payroll but after another few days of waiting and trying to get the money i was told that i would not be payed until i returned the company uniform so that day i came to an agreement with the operations Director to leave the uniform in a bag for him at The XXX Bar which is one of the company's Contracts so that day thats exactly what i did. I was then told the amount i was supposed to receive a week previous would be in the next working payment with the amount that was left short, I waited and when the next working payment came i only received the outstanding 30 hours and not the original amount, I finally got through to Respondent at the office the following Tuesday and was told he put it through the bank that day and would be there in 3 days. I have still yet to receive the payment, In total its been 6 weeks since i last worked for the company and i feel they have no intention in paying me what i am owed. I even text the phones of both Respondent (Operations Director) and Respondent (CEO) with one last attempt to resolve the issue and that if i did not receive the outstanding pay i would have no choice but to issue a complaint, I did not hear back from either of them. |
Respondent’s Submission and Presentation:
No appearance was made and no submission received.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the Acts
Issues for Decision:
Is there a legitimate claim for outstanding wages from the Complainant?
Legislation involved and requirements of legislation:
Payment of Wages Act, 1991
Decision:
Detailed evidence comprising of Pay Slips, Bank Statements and copies of e mail traffic with the Respondent were presented by the Complainant. The outstanding unpaid Gross Sum of € 1,330 was clearly evidenced.
No evidence or appearance was made by the Respondent. However E Mail traffic between the parties, copies of which were presented by the Complainant indicated to me an acceptance by the Respondent of monies being owed to the Complainant.
Accordingly under the terms of the Payment of Wages Act, 1991 I direct that the sum of € 1,330 be paid to the Complainant within two weeks of the date of issue of this decision.
Dated: 2nd August 2016