ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002862
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003626-001 | 01/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003626-003 | 01/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003626-004 | 01/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003626-005 | 01/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00003626-006 | 01/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00003626-007 | 01/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00003626-008 | 01/04/2016 |
Date of Adjudication Hearing: 25/08/2016
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 | Respondent |
Parties | An Employee | A Warehouse Company |
The claimant withdrew his complaints under the Organisation of Working Time Act 1977 and the Terms of Employment (Information)Act 1994 at the commencement of the hearing.
Payment of Wages Act 1991
Complainant’s Submission and Presentation:
The claimant submitted the respondent was in breach of the Payment of Wages Act 1991 for failing to pay him outstanding wages when the company went into liquidation in March 2016.He stated that in all he was owed €9,125.29 .
Respondent’s Submission and Presentation:
The respondent accepted the figures presented by the claimant and did not dispute that €9,125.29 was owed to the claimant in outstanding wages. He stated that he had been processed for bankruptcy following the closure of the company in March 2016.
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.
Decision:
On the basis of the evidence presented at the hearing and given that the respondent did not dispute the figures presented by the claimant I am upholding the complaint and require the respondent to pay the claimant €9,125.29 compensation within 4 weeks of the date of this decision.
Dated: 25 November 2016