ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005863
Parties:
| Complainant | Respondent |
Anonymised Parties |
Warehouse Worker |
Warehouse Distributor |
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-00008161-001 | 11/11/2016 |
Date of Adjudication Hearing: 28/03/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Location of Hearing: The Glasshouse Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Actfollowing 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).
Summary of Complainant’s Case:
The claimant was employed as a general operative with the respondent from the 6th.Nov.2015 to the 12th.Feb. 2016.He submitted the respondent was in breach of the Act for failing to pay him outstanding wages and holidays on termination of his employment. He was owed €1,806.38 in wages and €350 in outstanding holidays. He also asserted that he was owed 1 weeks notice as his employment was terminated without notice. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing |
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.
The claimant submitted that he was advised by Insolvency Ireland that they would resolve the outstanding pay issue and only learned in October 2016 that he would have to process his complaints through the WRC and contended that this accounted for the delay in making his complaint. I am satisfied that the claimant had reasonable cause for the delay in making his complaint and accordingly deem the complaint to be in time. On the basis of the uncontested evidence of the claimant I find his complaint to be well founded and require the respondent to pay the claimant €2,506.38 compensation within 42 days of the date of this decision. |
Dated: 12th June 2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea