ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002664
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-00003721-001 | 07/04/2016 |
Date of Adjudication Hearing: 18/07/2016
Workplace Relations Commission Adjudication Officer: John Tierney
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:
I, commenced employment on 10th August 2015 with the Respondent. The place of employment was at Carrick-on-Shannon County Leitrim which is now closed. I worked in a warehouse and packed goods which were posted to customers. I was paid monthly however I never received the actually net pay as outlined in the payslips for January/February 2016 in line with the Payment of Wages act Acts 1991 hence I was underpaid. In these months there was an underpayment. For the month of January 2016, I received €1,000 instead of €1,605.60; amount unpaid €605.60 For the month of February 2016 -12/2/16, no pay was received therefore amount unpaid €947.16. Total unpaid wages = €1,552.76 In addition, I received no notice of closure under the Minimum Notice and Terms of Employment Act, 1973. I am also seeking one week’s pay in lieu of notice i.e. €208. I have written a letter to my employer on 22/3/16 ( which I sent by registered post) to seek the unpaid wages, however I have received no response and this correspondence was returned unopened 31/3/16. I am seeking adjudication on this matter |
Respondent’s Submission and Presentation:
There was an unexplained absence of the Respondent.
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.
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. I find the claims well founded and make the following awards;
Unpaid wages; €1,552.76
Unpaid notice; €208.00
I award a total of €1,760.76
Dated: 2nd February 2017