ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003885
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-00005332-001 | 18/06/2016 |
Date of Adjudication Hearing: 06/09/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act, 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:
Worked for the mentioned employer or 8+ months (32 weeks). Did not get breaks, no payslips, no weeks notice when let go, no P45 & P60. Also got an electric shock from faulty machinery on the premises so needed to be checked out by a doctor & paid for the check up - no reimbursement for doctors visit. I was let go the the day after the accident. Wages were never paid on time - had to ask numerous times a week to be paid. Went 2 weeks without being paid at one stage & then was paid the wages in bits & pieces staggered over a few weeks. Employer told me verbally he was letting me go and he was closing the shop and that there was not need to close the shop. He said he would pay me holiday pay, notice money and outstanding wages. Contacted employer on numerous occasions asking to be paid what I am owed - via phone, text & visiting the premises to ask face to face. Every-time I either was told yes I will put that into your account but never did or he made up an excuse. All I want is what I am owed. |
The complainant was employed by the respondent as a butcher in the period Mid-May 2015 to 19th of January 2016. He was paid €475 per week and normally worked in the region of 52 hours.
He was not paid his entitlement to statutory annual leave in the amount of €1,151, wages in the amount of €1,600 and statutory notice in the amount of €475 on termination of the employment.
Decision:
Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and hereby require that the respondent pay the claimant compensation in the amount of €3,226 (say three thousand two hundred and twenty six euro) net.
Dated: 19th September 2016