ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005890. This case was linked to ADJ -00005892

Parties:

	Complainant	Respondent
Anonymised Parties	A Gardener	A Landscape Company

Representatives

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-00008171-001	10/11/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008171-002	10/11/2016

It was established that both complaints were identical.

Date of Adjudication Hearing: 23/02/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Location of Hearing: Room G.06 Lansdowne House

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and or Section 6 of the Payment of Wages Act, 1991 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).

Summary of Complainant’s Case:

The Complainant’s employment ended on the 20^th of May 2016. He was not paid for week ended 14^th May and 21^st May 2016. Evidence of pay slips and bank records were produced to support the case.

Summary of Respondent’s Case:

Did not attend and no submission received. Proper notice was served.

Decision:

Findings and Conclusions: CA-00008171-001 & CA-00008171-002

Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of that Act.

Having considered the written payroll and oral evidence presented and in the absence of any rebuttal arguments from the Respondent employer I find that the claim is well founded.

I direct, under Section 6 of the Payment of Wages Act, 1991, that the Respondent employer pay the sum of € 1,238.56 gross pay (the monies outstanding being wages and holiday pay) to the Complainant within four weeks of the date of this decision. Normal PAYE and Statutory deductions to apply.

Dated: 18^th April 2017

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