ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005641

Date of Adjudication Hearing: 17/02/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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.

Attendance at Hearing:

Complainant’s Submission and Presentation:

The complainant’s employment terminated on 14/07/16. She was told that the balance of salary would be paid by the end of July but this did not happen. Since then, she has received net payments of €500 and €200 in August and September, respectively and is still owed the balance of salary which totals €714.02 gross.

During the final months of her employment the complainant was not paid her salary on time or in full.

She was paid in late, or by scattered part-payments.

She was given notice of redundancy on 14/06/16 along with two of her colleagues, as the company was struggling financially and needed to be restructured.

Respondent’s Submission and Presentation:

The respondent is a small book publisher which experienced financial difficulties, in part as a result of delays in grant payments owed to it which necessitated the redundancies and significant downsizing of the company’s operations.

The MD in his evidence spoke very highly of the complainant’s skill and contribution to the company. This was reciprocated by showing her a degree of tolerance in relation to certain personal needs and also to giving her self development opportunities.

He said the company at all times strove to be a good employer and took exception to some public criticism of it in this respect. Its position was purely a result of unfortunate financial conditions.

He did not dispute the amount owed to the complainant and apologised to her for the difficulty she had experienced.

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.

I uphold Complaint CA-00007841-001 and award the complainant €714.02 gross and subject to statutory deductions.

Dated:   19^th April 2017