ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002922
Complaint for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002518-001 | 10th February 2016 |
Date of Adjudication Hearing: 24th August 2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 10th February 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complainant is a chef and the respondents are a restaurant.
The complaint was scheduled for adjudication on the 24th August 2016. The complainant was in attendance and was represented by an NGO. At the time the adjudication was scheduled to commence, it was apparent that there was no appearance by or on behalf of the respondents. I verified that the respondents were on notice of the time, date and venue of the adjudication and waited some time to accommodate their late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the respondents.
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 the Hearing:
By | Complainant | Respondents |
Parties | A Chef | A Restaurant |
Complainant’s Submission and Presentation:
The complainant outlines that he worked as a chef for the respondents between the 12th March and the 7th June 2015. In June 2015, he resigned as the work had become too hard and because he had to work for long periods without having a day off. He outlined that this claim related to wages owed to him of €916 that had not been paid to him. He said that he had taken other proceedings regarding the other employment law issues arising in this case. The complainant gave evidence of efforts made to seek recovery of the wages due.
Respondents’ Submission and Presentation:
The respondents did not attend the adjudication and did not make submissions to it.
Findings and reasoning:
In the first instance, I find that the complainant has shown reasonable cause regarding the late submission of the complaint. The date of contravention was the 7th June 2015 and the claim was lodged on the 10th February 2016. The complainant referred to efforts to resolve this matter locally. I further find that the complainant is owed €916 in wages.
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.
CA-00002518-001
I find that the complaint made pursuant to the Payment of Wages Act is well founded and the respondents shall pay the amount of €916 to the complainant.
Dated: 24 November 2016