ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004279

Complaint for Resolution:

Date of Adjudication Hearing: 8th December 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 29^th July 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 8^th December 2016. The complainant is a Principal Hardware Engineer and the respondent is an IT company.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication, and having been satisfied as to service, I proceeded with the adjudication in the absence of the respondent.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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.

Complainant’s Submission and Presentation:

The complainant’s employment with the respondent commenced on the 30^th October 2014 and came to an end on the 17^th June 2016. His monthly remuneration was €5,833. He outlined that the respondent ceased paying him and now owes him €13,515.52 in wages. He outlines that the respondent had been in financial difficulties in 2014, but had recovered by the third quarter of 2015. The complainant had continued to work in order to keep a named system active, for example in responding to customer complaints and maintaining customer fleets. Despite this, the complainant was not paid the monies due to him. The complainant exhibits an email from the respondent’s accountant, acknowledging that he is owed €13,515.52 in unpaid wages.

Respondent’s Submission and Presentation:

The respondent did not attend the adjudication and did not make submissions to contest the claim.

Findings and reasoning:

The complainant has provided evidence of his entitlement to recover €13,515.52 in unpaid remuneration owed to him as of the end of his employment with the respondent. The complainant resigned his employment following the failure of the respondent to pay him the wages due.

Decision:

Section 41(4) 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.

CA-00006201-001

I find that the complaint made pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant the amount of €13,515.52.

Dated:   20^th February 2017