ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001174

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 29/04/2016

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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:

1. The Complainant worked as a chef in the Respondent’s restaurant.
2. She was paid an hourly rate of €9.50. She worked part time.
3. She resigned from her employment on Friday the 19^th of June 2015.
4. She was due wages for that week amounting to €513.31.
5. She texted her employer on the 1^st of August looking for her P45.
6. Her employer replied saying that “have done [redact]. Meant to drop it in yesterday. I will drop it in later”.
7. The Complainant had to follow up again with the Respondent looking for her P45 on the 6^th of August and sent a further text on the 31^st of August 2015.
8. The Complainant’s evidence was that she never received her final pay from the Respondent.

Respondent’s Submission and Presentation:

2. The Respondent’s evidence was that the Complainant was due wages for week 25 and 26.
3. He had two payslips showing her net pay at €513.31.
4. He had a tax deduction card showing when the employee commenced pay.
5. He gave evidence that he paid all of his staff in cash.
6. He personally put together the Complainant’s pay packet and dropped it into her parents business which was a number of doors up the street from his restaurant.
7. He stated that he handed the envelope which was a standard white envelope across the counter to one of her parent’s staff. This envelope comprised her P45 and wages and he dropped it to this premises on the 1^st of August 2015.
8. He relied on the text from the Complainant and that she never mentioned wages when she requested her P45.
9. He confirmed that the Complainant collected a second P45 on the 9^th of August 2015 from the restaurant. She never raised the issue of the non payment of wages at that time.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

The Respondent attended at the hearing with payslips and a tax deduction card showing that the payment was made.

Neither party could disprove the other’s claims.

While I appreciate the payment of cash is authorised under section 2 of the Payment of Wages Act 1991, I do find that paying of wages in cash is unusual and not best practise simply on a security basis and to avoid complaints howsoever arising.

In the interest of fairness to both sides, I award the Complainant the sum of €256.16 being a net payment to her.

Dated: 21^st July 2016