ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004821
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-00006847-001 | 06/09/2016 |
Date of Adjudication Hearing: 26/01/2017
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:
I worked my notice as required by law and when I wouldn't work an extra day my employer refused to pay me my weeks wage, my holidays or give me my P45 and started to threaten to physically assault me. The Gardaí have been informed on the situation and advised me to file a complaint with you. I will send a detailed letter to the required address, explaining the issue in more detail. |
The complainant submits that he was not paid his final week’s salary or holidays on cessation or his entitlement to payment for one Public Holiday in the course of the employment. He was paid a weekly salary of €480 for 55 hours worked and his position was that of sous chef.
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 €1,042 (say one thousand and forty two euro) net in compensation for the non-payment and breach of s. 5 of the Act.
Dated: 28/04/2017