ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007903
Parties:
| Complainant | Respondent |
Parties | A Construction Worker | A Construction Contractor |
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-00010580-001 | 31/03/2017 |
Date of Adjudication Hearing: 10/08/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 was employed from 3rd to 28th October 2016. He was paid €100 net per day. He has claimed that he is owed wages. |
Summary of Complainant’s Case:
The Complainant stated that he was paid for the first week. He then worked for 21 days without pay. He had to leave because his employer would not pay him. He has claimed 21 days’ pay at €100 per day amounting to €2,100 net. He is owed holiday pay as well. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
1)Wages Based on the uncontested evidence before this hearing I find that the Complainant is owed wages as claimed amounting to 21 days at €100 per day = €2,100 net. 2)Holiday pay I find that he is owed 8 % of all hours worked. I find that he worked 285 hours approximately at 8% = 23 hours, which is equivalent to 2 days work amounting to €200 approximately. |
I find that he is owed €2,300 net.
Sec 6(2) of the Payment of Wages Act states, “the commissioner shall order the employer to pay to the employee compensation of such an amount … not exceeding (a) the net amount of wages”
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the Respondent has breached Sec 5 of this Act. I order the Respondent to pay the Complainant €2,300 within six weeks of the date below. |
Eugene Hanly
Adjudication Officer
Dated: 17th August 2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
wages |