ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003529
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-00005197-001 | 14/06/2016 |
Date of Adjudication Hearing: 23/09/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 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 began work with the respondent on June 1st 2015.
There was a delay in the payment of December 2015 wages and these were eventually not paid until January 22nd 2016.
The complainant and his colleagues did not attend for work for the first two weeks of January but returned to work on the basis of a promise from the owner that they would be paid for the period of absence.
The complainant was given notice on December 29th and left the company on that day. He says wages for the month of January are owed, less payments of €800 received on a phased basis in the interim. The net amount is €1450
He also claims holiday pay in the amount of €415.
Respondent’s Submission and Presentation:
The respondent did not attend the hearing and offered no reasonable explanation for his failure to do so.
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.
CA-00005197-0001 is a complaint under the Payment of Wages Act and I can only make a decision under that Act. I find for the complainant and award him €1450 in outstanding wages due, being his monthly salary of €2250 for January 2016 less payments already made by his employer in the amount of €800.
Pat Brady
Adjudication Officer
DATE 7th December 2016