ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001198
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-00001597-001 | 21/12/2015 |
Date of Adjudication Hearing: 18/02/2016
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:
Hi, I did not receive the following payments from my previous employer: 1 week of payment, payment for my holiday balance. They withhold 1 week of my payment from the first week onwards as a "week in hand" payment which I meant to receive after my employment ended. They are also due to pay me for approx. 5.5 days of holiday which I was unable to take during my employment. I resigned on the 30th of November and my last workday was the 4th of Dec. A week after my payments were due. I contacted the owner and the reply was that they are looking into this. This was over 2 weeks ago. I`m still yet to receive my P45 which is usually sent out a week after an employment finished. Thank you for your help |
Respondent’s Submission and Presentation:
At the Hearing, the Respondent provided documentary evidence that the payments due to the Complainant were paid in full on 26 January 2016.
The Respondent also stated that the Complainant’s P45 had been sent to her care of her husband’s work address, as it is there understanding that the Complainant is not in the country at the present 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.
Issues for Decision:
The original complaint submission was made under Section of the Payment of Wages Act
Legislation involved and requirements of legislation:
Payment of Wages Act (1991)
Decision:
Based on the evidence presented by the Respondent at the Hearing, I find that all outstanding wages due to the Complainant had been paid in advance of the Hearing. Therefore the complaint is no longer valid.
Dated: 23 March 2016