ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002696

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-00003768-001	10/04/2016

Date of Adjudication Hearing: 28/06/2016

Workplace Relations Commission Adjudication Officer: Emile Daly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 was employed by the Respondent, which is a recruitment company. The company closed and I was owed unpaid commission. € 12021.13 is the gross amount that I am owed. Company admit that they owe me € 9937.05 for unpaid commission. I would like an order for the sum that is accepted by the Respondent to be made in my favour, namely € 9937.05 I should received my P60 2015 as well

Respondent’s Submission and Presentation:

No appearance

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.

The complaint is well founded. On the uncontested evidence of the Complainant I accept that the Complainant is owed €9937.05 under the Payment of Wages Act 1991 for unpaid commission. A letter on Company headed notepaper accepts this. I accordingly make an award for the sum of €9937.05 under the Payment of Wages Act 1991.

I recommend that the Respondent furnish the Complainant’s P45 as this is a reasonable request and this is an impediment to him manging his employment affairs in the future.

Dated: 30 September 2016