ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004706
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaner | A Facilities Company |
Representatives | Self represented | Did not appear. |
Complaint(s):
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-00006495-001 | 16/08/2016 |
Date of Adjudication Hearing: 17/05/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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).
1: Summary of Complainant’s Case:
The Complainant worked for the Respondent from the 27/05/2016 to the 17/06/2016. He had just arrived in Ireland at that time and this was his first job. As of the date of the Oral hearing he remains unpaid. A sum of € 1,314.50 is owing to him. |
2: Summary of Respondent’s Case:
The Respondent did not attend the hearing and no evidence was forthcoming. |
3: Findings and Conclusions:
On the basis of the evidence presented by the Complainant I was satisfied that he had in fact been employed for the dates stated. Record produced by the Complainant indicated that he had worked some 119.5 hours at a rate of €11.00 per hour giving a total of €1314.50. These figures were impossible to verify in the absence of any Respondent evidence. However on the basis of the, I felt, genuine oral testimony of the Complainant and the limited written records he was able to produce I am prepared to accept his version of events. Accordingly the sum of € 1,314 in lieu of Unpaid wages is awarded to the Complainant. As unpaid wages it is subject to normal taxation. This payment is to be made within four weeks of the date of issue of this decision. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in this case.
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Dated: 24th July 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
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