ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006361

	Complainant	Respondent
Anonymised Parties	An Engineer	A Construction Company

Complaint:

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-00008713-001	07/12/2016

Date of Adjudication Hearing: 17/05/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Location of Hearing: Room 4.02 Lansdowne House

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 is a civil engineer and commenced work with the respondent on April 28^th 2016. The employment terminated on August 28^th, 2016.

Summary of Complainant’s Case:

The complainant says that he was not paid for one month of his period of employment and is owed wages in the amount of €8,333.00 being one month’s pay.

He raised the matter with the respondent by letter of August 30^th but received no response.

He exhibited evidence of his termination date from his P45 and of the actual payments made to him. He also exhibited pay slips in respect of the months for which he was paid.

This is clear evidence of the month’s shortfall claimed.

Summary of Respondent’s Case:

The respondent did not attend the hearing. Notice was sent to his registered business address and no explanation was offered for the non-attendance.

Findings and Conclusions:

The evidence produced by the complainant leaves no room for doubt as to the validity of his complaint.

There is a clear shortfall between the months worked (May, June, July and August) and the payments made (a total of three months’ pay at the contracted rate).

Decision:

Section 41 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 uphold Complaint CA-00008713-001 under Section 6 of the Payment of Wages Act, 1991 and award the complainant €8,333.00 subject to statutory deductions.

Dated: 6^th June 2017