ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002489

Complaint for Resolution:

Date of Adjudication Hearing: 26th July 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 13^th March 2016, the complainant referred a complaint pursuant to the Payment of Wages Act to the Workplace Relations Commission. The complainant is a lead software developer and the respondent is a property management software company.

The complaint was scheduled for adjudication on the 26^th July 2016. The complainant attended in person. A director appeared for the respondent. The adjudication was scheduled with adjudication of complaints from two other employees of the respondent.

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.:

Complainant’s Submission and Presentation:

The complainant outlined that he was employed by the respondent as a lead software developer on the 17^th March 2014 and handed in his resignation on the 14^th January 2016. He left the respondent’s employment on the 22^nd January 2016 and that this was because of the erosion of trust over the wages issue. The complainant outlined that his monthly wage was €3,666 and that in October 2015 he had been entitled to a bonus payment of €1,250. The bonus was not paid. The total owed to him in unpaid wages, the unpaid bonus and the four days’ annual leave was €4,302. He had received a payment of €300 on the 24^th March 2016 and €500 on the 11^th April 2016. These payments reduced the liability from €4,302 to €3,502.

Respondent’s Submission and Presentation:

At the adjudication, the director of the respondent acknowledged that it owed the monies as stated by the complainant, including the bonus payment. He stated that the company was struggling and that he had not been able to follow through on commitments given to the complainant and his colleagues. The respondent outlined that it will endeavour to pay the amount owed to the complainant.

Findings and reasoning:

It is common case that the respondent owes the complainant the amount of €3,502, this being unpaid wages, the unpaid bonus and the four days’ annual leave, minus €800 already paid by the respondent.

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.

In accordance with the findings contained in this adjudication report and pursuant to the complaint under the Payment of Wages Act, the respondent shall pay to the complainant the amount of €3,502, this being unpaid wages, annual leave and the bonus payment contractually due to the complainant.

Dated:   13^th October 2016