ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004246
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-00006234-001 | 02/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00006705-001 | 30/08/2016 |
Date of Adjudication Hearing: 13/10/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) 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).
Complainant’s Submission and Presentation:
On leaving my employment with Respondent Company, I have not received payment in respect of hours worked from 25/03/2016 to 26/06/2016. I requested that my employer in writing to forward wages due to me; it has been 8 days since I have contacted him and I have yet to receive a response. According to my calculations I am entitled to €1171.46 from payslips for weeks ending 19/06/2016 and 26/06/2016. This entitlement is set out in the Payment of Wages Act, 1991. I also understand that under the Organisation of Working Time Act, 1997 I am entitled to payment for my annual leave entitlement. My outstanding entitlement amounts to 8% of my hours worked, which amounts to 41 hours. For which I requested payment in the amount of €375.15. |
On leaving my employment with Respondent Company , I have not received payment in respect of hours worked from 25/03/2016 to 26/06/2016. I requested that my employer in writing to forward wages due to me; it has been 8days since I have contacted him and I have yet to receive a response. According to my calculations I am entitled to €1,171.46 from payslips for weeks ending 19/06/2016 and 26/06/2016. This entitlement is set out in the Payment of Wages Act, 1991. I also understand that under the Organisation of Working Time Act, 1997 I am entitled to payment for my annual leave entitlement. My outstanding entitlement amount to 8% of my hours worked, which amounts to 41 hours. For which I requested payment in the amount of €375.15. |
Respondent’s Submission and Presentation:
The Respondent failed to attend the hearing. Adequate notification was issued.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or Section 6 of the Payment of Wages Act 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Issues for Decision:
Did a breach of the Payment of Wages Act 1991 take place?
Legislation involved and requirements of legislation:
Payment of Wages Act 1991
Decision:
The Complainant provided electronic evidence of wages slips and monies owed. He had received a cash payment of €800 in week ending 19 June 2016 leaving a balance outstanding of €814.46 for wages and €357 for un paid holidays. I examined his figures closely.
As the figures were uncontested by the Respondent and the Complainant had reasonable evidence I find the claim well founded.
I award the sum of €1,171.46 as Redress to the Complainant.
The amount to be paid within four week of the receipt of the decision by the parties.
Dated: 25th January 2017