ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000358
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-00000400-001 | 23/10/2015 |
Venue: WRC Tom Johnson House, Haddington Rd, Dublin 4.
Date of Adjudication Hearing: 12/07/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and 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.
Background
The Complainant worked as a contractor Graphic Designer from 15th May to 16th July 2015. He has claimed that he is owed €660.00.
Complainant’s Submission and Presentation:
I was hired as a contractor to carry out work on the company logo and website. Upon completion I had invoiced 88 hours to amount of EUR 1,760.00 and eventually received EUR 1,100.00 of that, as well as a contract stating that the further EUR 660.00 owed would be paid after 5/8/2015. Since that date I have sent 4 separate requests for final payment. He was registered as self-employed and did his own tax, VAT and PRSI returns. All work done under self employed status. |
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented. They supplied a written statement, which was received after the hearing time. They stated that the Complainant “was never at any time an employee, by his own admission and clearly stated in supporting documents submitted by him to the WRC admits that he worked as a contractor …we reject his complaint to this authority”.
Issues for Decision:
I note that the Complainant stated that he was at all times a self-employed contractor.
I note that this was also the position of the Respondent.
I find that this was not an employer / employee relationship.
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 and section 6 of the Payment of Wages Act, 1991.
I have decided that I do not have jurisdiction to hear this complaint.
Dated: 11/10/2016