ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002322
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-00003122-001 | 09/03/2016 |
Date of Adjudication Hearing: 07/06/2016
Workplace Relations Commission Adjudication Officer: John Tierney
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).
Complainant’s Submission and Presentation:
I haven't received any payment since the end of 2015. I was made redundant due to company restructuring and ceased working for Patrick Lane & Co. on 1st March. Despite many attempts to receive my salary, I'm now owed 4,484 . This is made up of salary (3,000), holiday pay (596.00), expenses (84.00) and course fees (804.00). The Claimant received a payment of €1,000.00 from the Respondent on 23 March 2016. |
Respondent’s Submission and Presentation:
There was an unexplained absence of the Respondent.
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.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Outstanding entitlements due to Claimant.
Legislation involved:
Section 6 of the Payment of Wages Act 1991
Decision:
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. I find the claim well founded and award the following;
€2,000.00 in wages
€411.00 for holidays
€834.00 for course fees
I award a total of €3,245.00
Dated: 13th October 2016