ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005209
Parties:
| Complainant | Respondent |
Anonymised Parties | A Junior Software Developer | A Software Development Company |
Complaint:
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-00007266-001 | 30/09/2016 |
Date of Adjudication Hearing: 05/07/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act 1991, 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.
Background:
The complainant stated that he was engaged by the respondent for 9 working days from 13th September to 23rd September 2016. His pay was €9.15 per hour. He received full payment for the first 4 working days but only partial payment for the remaining 5 days of his employment. He stated that the sum of €240 was due to him in wages withheld by the respondent. The respondent did not attend the hearing. |
Decision:
Section 5 (6) of the Payment of Wages Act 1991 provides that where the total amount of any wages is less than the total amount of wages that is properly payable then the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.
In accordance with Section 6 (2) of the Act, I declare the complainant’s complaint to be well founded and I require the respondent to pay to the complainant the sum of €240.
Dated: 21/08/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham