ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000690
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-00000961-001 | 19/11/2015 |
Date of Adjudication Hearing: 16/03/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 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 didn't received all payslips from employer and because of that I could not check all the hours that my employer owns me. For the last two months employer owns me about 4915 euro. He didn't paid me for Bank Holidays, two days of holidays. I didn't received payment for 2 weeks regarding notice of redundancy. |
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Respondent’s Submission and Presentation:
Did not attend and no evidence submitted.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Issues for Decision:
Did a breach of the Payment of Wages Act, 1991 take place?
Legislation involved and requirements of legislation:
The Payment of Wages Act, 1991
Decision:
Evidence was sparse in this case. It was further complicated by the fact that most of the actual work took place in the UK and wages were supplemented by Subsistence allowances paid in Sterling and often in cash on site.
Taking the Bona Fides of the Complaint as given, I found him a good witness; I found the claim to be well founded.
I award as Redress eight week pay as the amount owing to the Complainant.
As the weekly wage appeared to be a Euro Basic of approximately €400, before the UK element which appeared to be Subsistence of approximately €70 per day was factored in, I used this figure.
Accordingly € 400 by 8 = €3,200 is awarded to the Complainant as Redress for Basic Pay. In relation to the UK tax free subsistence which appeared to be in the region of Sterling £ 70 per day and was often paid, as per the Complainant’s evidence , in cash on site, I award a sum of €1,000 Euro.
Total award being € 4,200,
This figure to be paid within four weeks of the date of the decision being issued to the Parties.
Dated: 18th November 2016