ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004426

Complaint for Resolution:

Venue: WRC, Lansdowne House, Dublin 4.

Date of Adjudication Hearing: 05/01/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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 as a Foreman Landscaper from 29^th October 2013 to 10^th June 2016. He was paid €540.00 gross and €465.00 net per week. He has claimed that he is owed wages, holiday pay, notice and expenses.

Complainant’s Submission and Presentation:

1) Wages

He stated that he was not paid for the last week of employment ending 10^th June 2016. He has claimed €540 gross / €465 net.

2) Holiday Pay

He has claimed 9 days holidays as confirmed by the Company Accountant to him.

3) Notice

He did not receive minimum notice when his employment ended. He has claimed one week’s pay.

4) Expenses

He stated that he used his own money to buy diesel and materials for the business but in recent times was not refunded this amount. He has claimed approximately €900.00.

Respondent’s Submission and Presentation:

The Respondent did not attend and was not represented at the hearing.

Findings

I note that the Respondent did not attend and was not represented at the hearing.

I note correspondence on file advising of the details of the hearing.

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”.

Therefore the findings in this decision will refer to net pay.

Based on uncontested evidence I find as follows:

1) Wages

I accept that he was not paid for the last week of work and is owed one week’s wages amounting to €465.00 net.

2) Holidays

I accept that he is owed 9 days holidays as claimed amounting to €837.00 net.

3) Minimum Notice

I accept that he did not get notice when his employment ended. I find that he is owed one week’s wages amounting to €465.00 net.

4) Expenses

As per Sec 1 (1) (b) of the Payment of Wages Act expenses are not part of wages “ the following payments shall not be regarded as wages for the purpose of this definition (1) any payment in respect of expenses incurred by the employee in carrying out this employment.”

Therefore I do not have jurisdiction to deal with this part of the complaint.

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.

I have decided that the Respondent has contravened Sec 5 of the Payment of Wages Act.

As per Sec 6 (2) of the Payment of Wages Act I have decided that the claim is well founded and I order the Respondent to pay the Complainant €1,347.00 within six weeks of the date below.

Eugene Hanly

Adjudication Officer

Dated:   24^th January 2017