ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001636

Complaints for Resolution:

Date of Adjudication Hearing: 14^th October 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 27^th January 2016, the complainant referred complaints to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaints were scheduled for adjudication on the 13^th October 2016. The complainant is a head chef and the respondent is a delicatessen.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I satisfied myself that the respondent, a limited company, was issued with notice of the hearing at the company’s registered office. I waited some time to accommodate a late arrival. Having taken these two steps, I proceeded with the adjudication in the absence of the respondent.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Complainant’s Submission and Presentation:

The complainant was employed by the respondent as a Head Chef between the 18^th March 2015 and the 9^th January 2016, when she resigned to take up another employment opportunity. She seeks to recover monies due to her by the respondent. The complainant outlined that she received a pay slip for week 53 of 2015, in the amount of €500 net but the monies stated as paid were not in actual fact remitted to her. She also received a pay slip for €190 net for week 1 2016, but these monies were also not paid to her.

The complainant outlined that she was due monies arising out of contractual agreements with the respondent. One relates to the respondent’s agreement to pay a contribution of 40% of a course she completed. This undertaking was included in the complainant’s contract of employment. The complainant had completed the course but had not received the 40% contribution stipulated in the contract. This amounts to €408.

The complainant outlined that she and the respondent had agreed that she would receive an additional net payment of €300 per month for her taking on additional duties in the respondent. She received this payment in September and October 2015, but no such payment was received for the months of November and December 2015. She referred to messages she received from the respondent’s principal where he undertook to make these payments at a later date. This did not happen and the complainant is owed €600 in this regard.

Respondent’s Submission and Presentation:

The respondent did not attend the adjudication and neither did it make submissions.

Findings and reasoning:

Having considered the written and oral evidence before me, I find that the complainant is owed the following amounts by the respondent. She is owed a net total of €690 in unpaid wages for weeks 53/2015 and week 1/2016. She received pay slips for these amounts but these monies were not paid to her. The complainant is also owed the amounts of €408 and €600 arising from contractual obligations agreed by the parties. Taking these three awards together, the total owed by the respondent to the complainant is €1,698.

Decision:

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

CA-00002199-001

I find that the complaint made pursuant to the Payment of Wages Act is well founded and the respondent shall paid to the complainant €1,098, this being unpaid wages and monies owed to the complainant arising from contractual obligations. This award is a net amount and is therefore not subject to taxation.

CA-00002199-002

I find that the complaint made pursuant to the Payment of Wages Act is well founded and the respondent shall paid to the complainant €600, this being unpaid wages for November and December 2015.

Dated:   23^rd November 2016