ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002377
Complaint 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-00003205-001 | 15/03/2016 |
Date of Adjudication Hearing: 17/11/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Bar Worker | A Public House |
Complainant’s Submission and Presentation:
The complainant commenced his employment with the respondent on November 7th 2015 and it ended on December 15th 2015; a period of approximately seven weeks.
His hours varied but he estimates that he worked a total of one hundred and thirty four in total. Calculating his wages on the basis of the then obtaining National Minimum Wage of €8.65 this comes to €1159.00.
He claimed this amount from his employer and was paid €800 in cash sometime in March 2015 leaving a balance of €359. He has also claimed payment in lieu of annual leave which is not part of this claim.
Respondent’s Submission and Presentation:
The respondent did not attend the hearing or make any submission.
Conclusions and Findings
I am satisfied that the respondent was on notice of the hearing but failed to attend without any reasonable explanation.
I am also satisfied on the basis of his direct evidence that the complainant is due the claimed shortfall in his wages in the amount of €359.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I uphold complaint CA-00003205-001 and award the complainant €359.00.
Dated: 25 November 2016