ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003325
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-00004903-001 | 27/05/2016 |
Date of Adjudication Hearing: 08/08/2016
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).
Attendance at Hearing
Claimant
The respondent did not attend and was not represented at the hearing.
Complainant’s Submission and Presentation:
My employer(now former) did not pay me or any other employee for 2 months. My pay was due on the last Friday's on March and April. Initially he told us it was "sorted" but then he came out now told us he was working on a high level deal that was taking up all his time. He gave a date the pay would be in our accounts, it came and it was not there. When we tried to contact the CEO he did not Reply, I asked Citizens Information to e-mail him a letter to pay me within a 10 day period and he did not respond to that in anyway, and his employees at time like myself got no word back from him. I did get my pay slips and P45, however, the date on the P45 and the date I stepped down from the role do not match as the Managing Director of the company told me for the week ending 29/4/16 I was still an employee and did not step down until the 2/5/16. I have all e-mail's from my business account during this time frame all backed up to my Personal e-mail account as proof. I will point out that the companies actual Head office is in Germany but the system did not allow me to choose a country. The companies Irish office is shut due to unpaid bills but apparently the company is still in business to my knowledge. I will also point out the personal address of the owner of the company is in Gibraltar but again the system does not allow me to choose a country. I look forward to you're response. |
The claimant submitted the respondent was in breach of the Act for failing to pay him outstanding wages of €3487.84 and outstanding holiday pay of €700.He had been assured by the respondent that the monies would be paid .The company’s Irish Office is closed down .
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:
On the basis of the uncontested evidence of the claimant I find the complaint to be well founded and require the respondent to pay the claimant €4,187.84 compensation within 4 weeks of the date of this decision
Dated: 6th October 2016