ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006825
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-00009269-001 | 24/01/2017 |
Date of Adjudication Hearing: 26/04/2017
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Location of Hearing: The Harbour Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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:
Following discussions with the Respondent, the Complainant was employed as a senior Commercial Manager on 25 May 2016, on an annual salary of €70,000.00. However, as this was a start up situation for the Respondent, it was agreed that the Complainant would initially be paid €500 nett per week. |
Summary of Complainant’s Case:
The Complainant stated in evidence that he was engaged on a full-time basis for the Respondent for a period of seven weeks, from the commencement Of his employment on 25 May 2016. During this period the Complainant only received one weeks pay at they agreed figure of €500.00 nett. Following that payment the Complainant received no further payment and all his attempts to contact the Respondent proved unsuccessful. Consequently, the Complainant is seeking payment for the outstanding six weeks pay , which amounts to €3,000.00 net. |
Summary of Respondent’s Case:
The Respondent did not attend the Hearing and did not provide any response to the complaint. |
Findings and Conclusions:
In the absence of the uncontested evidence of the Complainant, I find in his favour with regard to his complaint under the Payment of Wages Act 1991. At the Hearing the Complainant’s legal representative sought to raise additional claims under (1) Terms of Employment (Information) Act 1994 and (2) Organisation of Working Time act 1997. However, given that neither complaint had been set out in the original complaint to the WRC I had no jurisdiction to consider these claims. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the evidence presented and in line with the findings/conclusions are set out above, I find in the Complainant’s favour an award an amount of €3,000.00. This is a net figure and the Respondent is responsible for all of the normal deductions relating to payment of salary/wages. |
Dated: 09/06/2017
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:Payment of Wages |