ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002155

Complaint for Resolution:

Date of Adjudication Hearing: 26th July 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On 26^th February 2016, the complainant referred a complaint pursuant to the Payment of Wages Act to the Workplace Relations Commission. The complainant is a 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 software developer in January 2015 and received notice on the 29^th January 2016 that his employment was coming to an end. He outlined that the wages due in November 2015 were the last occasion that wages were paid on time. Later, they had been due on the 15^th December 2015 but not paid. The respondent had emailed screenshots to say that the monies had been paid but this did not take place until the 29^th January 2016, the same day as he received his notice. He outlined that his monthly wage was €2,333 and that he was owed six days’ annual leave at the cessation of his employment.

The complainant said that he was issued pay slips for January and February 2016. The January pay slip was in the gross amount of €2,333. The February 2016 pay slip was in the amount of €1,184.96, consisting of one week’s notice pay and the six day’s annual leave. While both pay slips were issued, he was not paid the monies stated as paid in both pay slips. There had been contact between the complainant and the respondent and he 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 €3,517.96 to €2,717.96.

Respondent’s Submission and Presentation:

At the adjudication, the director of the respondent acknowledged that it owed the monies as stated by the complainant. 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 €2,717.96, this being wages for January 2016, six days’ annual leave and one week of notice pay, 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 €2,717.96, this being unpaid wages, annual leave and notice pay.

Dated:   14^th September 2016