ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005632
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-00007457-001 | 05/10/2016 |
Date of Adjudication Hearing: 09/01/2017
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).
Complainant’s Submission and Presentation:
My employer went bankrupt. I did not know about it, because I did not received any letter or information when did it happened. As I have been informed the employer is not able to pay the wages and entitlements they are owed. I was hoping that it is not gonna happened and after a financial problems I will get my money back. Unfortunately it will not be possible. They owe me a lot of money. I was not been paid for my last two months of the employment. I did not get equivalent of untaken holiday or value of notice either. Even though I have got letter to be laid off on 22/02/2016 I did get my P45 in August (with the wrong date of Cessation- is it the way it should be?). |
The claimant was employed as Credit Controller with the respondent from the 28th.October 2015 to the 22nd.February 2016.She submitted the respondent was in breach of the Act for failing to pay the claimant outstanding wages of €4,659.63, outstanding notice of €400 and outstanding holiday pay of €533.33.The claimant explained that there had been confusion amongst the workforce with respect to their complaints regarding unpaid wages being dealt with by the Insolvency Fund. She stated that she had made an earlier complaint to the WRC but had been unable to attend the hearing as she was just 3 days into her new job and was unable to get annual leave to attend the WRC hearing.
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:
This complaint was received by the WRC on the 5th.Oct.2016. On the basis of the explanation put forward by the claimant I am satisfied that there was reasonable cause for the delay in making the complaint and accordingly I deem the complaint to be in time.
On the basis of the uncontested evidence of the claimant, I find the complaint to be well founded. I require the respondent to pay the claimant €5,592.96 within 42 days of the date of this decision.
Dated: 6th April 2017