ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004251

Complaint for Resolution:  

Date of Adjudication Hearing: 27/10/2016

Workplace Relations Commission Adjudication Officer: John Walsh 

Procedure: 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 6 of the Payment of Wages Act, 1991 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: 

 Background 

The Complainant was employed as a laminator from the 22^nd of May 2012 to the 22^nd of February 2016. He alleges that the Respondent failed to pay him wages due for the last two weeks of his employment. He filed a complaint with the Workplace Relations Commission on the 2^nd of August 2016 under Section 6 of the Payment of Wages Act, 1991. 

Complainant’s Submission: 

The complainant outlined the following oral submission;

That he was employed as a laminator from the 22^nd of May 2012 to the 22^nd of February 2016. That he was paid €13 per hour giving a weekly wage of €507. He worked 39 hours per week.

That the employer failed to pay him wages due for week ending the 26^th of February 2016 in the sum of €988.29 net.

That the employer failed to pay him wages due for week ending the 19^th of February 2016 in the sum of €472.75.

The total outstanding wages due to the Complainant is €1461.04. 

Respondent’s Submission: 

The Respondent did not attend at the hearing.

 The respondent e-mailed the Complainant on the 29^th of February 2016 at 12:06pm stating;

 Complainant,

 I have calculated your wages this morning as I was not in the office last week.

I have printed off your P45 as it cannot be e-mailed from the wages system and I have posted it to you. You should receive it in tomorrow’s post.

I still do not have the money in to pay you your wages, but as you know, as soon as it does come in, I will make the transfer to you.

Thanks for all your good work with you over the years,

 Thanks and regards,

G.M.

Director 

Findings: 

It is clear from the evidence presented by the Complainant and from the correspondence issued by the Respondent that the Complainant is owed wages in the sum of €1461.04 net. 

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.

Based on the uncontested evidence presented at the hearing, I find that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the sum of €1461.04 for breaches of Section 5(1) of the Payment of Wages Act, 1991. This sum must be paid within 6 weeks of the date of this decision.                                                                                                                            

Dated: 15^th November 2016