ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001983

Complaint(s)/Dispute(s) 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-00002685-001	18/02/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00003680-001	18/02/2016

Date of Adjudication Hearing: 11/08/2016

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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)

The respondent did not attend and was not represented at the hearing

Complainant’s Submission and Presentation:

I would like to make a complaint about my employer not paying out wages on time. For last 3 months wages had been significantly late. We get paid monthly, up to 5th working day of the month for last working month. Today is 18/02/2016 and we have not received full renaturation. We were given 1000 euros on 05/02/2016 and the rest of money is nowhere to be seen. I'm now in quite difficult financial position where I have no money to pay rent and other bills nor money to live.

I have not received pay for my hours worked in month of February neither my payslip after many requests.

The claimant was employed as Office Manager with the respondent from the 5^th.Oct. 2015 to the 3^rd.March 2016.She submitted the respondent was in breach of the Act for failing to pay her outstanding wages for January 2016 amounting to €1,400 , outstanding wages for February 2016 amounting to €2,994.73, overtime for January of €156.15, outstanding wages for March of €364.35.She submitted the respondent also failed to pay her outstanding holiday and public holiday pay amounting to €1,770.02.

Without any prior notice , the claimant was advised on the 3^rd.March 2016 , that owing to poor trading there was no longer any work available.The company was now in liquidation and the name and address of the Liquidator is:

Brendan Owens,

HEO Bankruptcy Division

Insolvency Service of Ireland

Block 2

Phoenix House

Conyngham Road

Dublin 8

Respondent’s Submission and Presentation:

The respondent did not attend and was not represented at the hearing.

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:

Based on the uncontested evidence of the claimant, I find the complaint to be well founded and require the respondent to pay the claimant a total of €6,685.25 compensation within 4 weeks of the date of this decision.

Dated: 24^th October 2016