ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002923

Complaint for Resolution:  

Date of Adjudication Hearing: 24th August 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 10^th 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 24^th 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: 

Complainant’s Submission and Presentation:

The complainant outlines that she worked as a chef for the respondents between the 21^st April and the 30^th May 2015. She said that she resigned because she had had to work for long periods without having a day off and because the work had become too hard. She outlined that this claim related to unpaid wages of €300 owed to her on the 7^th June 2015 that had not been paid. She referred to other proceedings taken in relation to 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 7^th June 2015 and the claim was lodged on the 10^th February 2016. The complainant referred to efforts to resolve this matter locally. I further find that the complainant is owed €300 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-00002519-001

I find that the complaint made pursuant to the Payment of Wages Act is well founded and the respondents shall pay the amount of €300 to the complainant.

Dated:   24 November 2016