ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005874

Parties:

	Complainant	Respondent
Anonymised Parties	A Worker	A Warehouse Company

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-00008113-001	10/11/2016

Date of Adjudication Hearing: 08/03/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Location of Hearing: The Glasshouse Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015,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).

Summary of Complainant’s Case:

The claimant was employed by the respondent from the 27^th.Jan. 2016 to the 16^th.Feb. 2016. As a Driver/General Operative /Assistant.He submitted the respondent was in breach of the Act for failing to pay him any wages during that time.He stated the respondent owed him €€1255.09 in wages and €45 in outstanding holiday pay.

Summary of Respondent’s Case:

The respondent did not attend and was not represented at the hearing.

Findings and Conclusions:

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 had furnished all documentation regarding his outstanding wages to the Insolvency Service of Ireland who had indicated to him that the matter will be processed by them. The claimant’s complaint was received by the WRC on the 10^th.Nov. 2016.He only learned in October 2016 that his complaint would have to be processed through the WRC.I am satisfied that there was reasonable cause for the delay in making the complaint and accordingly I deem the complaint to be in time.

On the basis of the uncontested evidence of the claimant, I find the complaint to be well founded and require the respondent to pay the claimant €1.300.09 compensation within 42 days of the date of this decision.

Dated: 13 June 2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea