ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003123

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 24/11/2016

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 this matter has been referred for adjudication following the referral of a complaint made to the Director General under Section 6 of the Payment of wages Act, 1991 and arising out of a purported unlawful deduction as specified in Section 5 of the same Act. As per my obligations as the adjudication officer herein, I confirm that I have made the appropriate inquiries, seen the relevant evidence and heard the parties.

Complainant’s Submission and Presentation:

The Complainant presented her own case. The Claimant has been engaged by the Respondent Company as a product Manager in and around December of 2015. The Complainant’s salary was meant to be in the amount of €4,666.00 per month. The employment ended somewhat abruptly at the end of April 2016. The Complainant provided the hearing with documentary evidence of the non- payment of her April salary together with a shortfall in the salary she was meant to have been paid in December of 2015. These are considered unlawful deductions for the purposes of the Acts. In total the Complainant was at a loss of €3,697.49.

Respondent’s Submission and Presentation:

The Respondent representative accepted the evidence presented and has agreed to pay the monies due and owing in the amount of €3,697.49.

Decision:

This complaint has been brought within the timeline allowed under Statute.

In circumstances where there was no real dispute between the parties and where it is clear that an unlawful deduction has been made there can be no doubt but that this complaint is well founded. It is ordered therefore that the Respondent do pay compensation to the Complainant in the sum of €3,697.49.

The Adjudicator notes that the parties came to their own arrangement regarding the method of payment, whilst acknowledging the need for an Order to be made.

Dated:   7^th June 2017