ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002306

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-00003066-001	07/03/2016

Date of Adjudication Hearing: 23/08/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

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

Attendance at Hearing:

By	Complainant	Respondent
Parties	An employee	An employer

Complainant’s Submission and Presentation:

I was paid on a weekly basis. I haven't received my salary for the following days: - 25/01/2016 - 26/01/2016 - 27/01/2016 - 28/01/2016 - 29/01/2016 - 01/02/2016 - 02/02/2016 - 03/02/2016 - 04/02/2016 - 05/02/2016 So 2 weeks unpaid (331.38 Euros per week)

Respondent’s Submission and Presentation:

Was not represented at the Oral hearing / no submission received save for a letters of the 30^th March and 29^th June 2016 setting out their position.

Decision:

Section 41(4) of the Workplace Relations Act 2015 and or and or sections 6/7 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 under Schedule 6 of that Act.

Issues for Decision:

Did a breach of the Payment of Wages Act, 1991 as complained of take place??

Legislation involved and requirements of legislation:

Payment of Wages Act, 1991

Decision:

The dates complained of by the Complainant were from the 25^th January 2016 to the 5^th February 2016. Of these 6 days (28th Jan to 4^th February 2016) were Sick Leave days to which no contractual entitlement to pay applied to the Complainant.

The Respondent paid, as evidenced by the Complainant’s Bank Statement, on the 5^th February 5 (Five) days pay – covering the 25^th, 26^th, 27th January, the 5^th February plus one days’ outstanding Holiday pay.

The employment ended by the resignation of the Complainant on the 5^th February 2016, as confirmed by the Complainant in oral evidence.

The Complainant did not have an entitlement to paid Sick Leave.

I am happy that the Respondent discharged his obligations (by evidence from the Bank Statements of the Complainant) and from Pay Slips provided in evidence.

Accordingly the claim is not well founded and is dismissed.

Dated: 16^th November 2016