ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000226
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-00000315-001 |
20/10/2015 |
Date of Adjudication Hearing: 13/01/2016
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 commenced work with the respondent on March 18th 2015 and left on April 18th, one month later. He claimed he did not receive payment for all the weeks he works and that he was owed €2,500. He calculated this on the basis of the offer of an annual salary of €26,000 giving him €500 per week, approximately.
Respondent’s Submission and Presentation:
The respondent outlined the complainant’s working time, and payments arising as follows.
Week ending (in each case, and with some rounding of figures) March 25th, 5 days €500, March 31st 2 days, €200, April 8th, 2 days, €200, April 15th 3 days, €300. This adds up in fact to a total of €1275.00 gross payment due to the complainant which, after deductions works out at €830.
It provided evidence at the hearing of payments to this amount having been made to the complainant at various stages and evidence was shown of the complainant having signed for the amounts.
The complainant did not dispute the evidence offered by the respondent.
Finding and Conclusions:
I have considered all the relevant evidence oral and written that was laid before me.
How this complaint arose is difficult to understand. The complainant submitted that he worked for the respondent for two months, when in fact his total period of employment was just one month, and this was established early in his own evidence. His elementary error in this regard may go some way to explaining the basis for his complaint. It is a matter that could have been resolved easily between the parties.
But it was easily established both in his own, and the undisputed evidence of the respondent as to what the true positon was in relation to both his actual period of service and the payments made to him.
I find that the respondent paid all wages due to the complainant.
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 the terms of section 6 of the Payment of Wages Act 1991.
In view of the evidence adduced at the hearing and accepted by the clamant I dismiss the claim.
Dated: 25th February 2016