ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005915

Parties:

	Complainant	Respondent
Anonymised Parties	A Kitchen Porter	A Restaurant.

Background: Preliminary clarification.

Name of Respondent: This was initially unclear as the Respondent failed to attend the hearing – however a CRO search by the Complainant (presented in evidence) and the fact that a disputed cheque had been issued by Respondent A of Dublin 2 lead me to believe that Respondent A trading as Restaurant B was the correct Respondent. On the issue of Notification, the WRC correspondence had been issued to the trading name of Restaurant B . This I felt was sufficient as proper notification.

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-00008148-001	12/11/2016

Date of Adjudication Hearing: 22/03/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Location of Hearing: Room 4.05 Lansdowne House

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 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 Complainant worked in the Restaurant from 23/06/2016 until 28/06/2016. He received a cheque in payment which the Bank did not honour. The cheque had not been signed. Repeated attempts to secure payment from the Restaurant have failed.

Summary of Respondent’s Case:

Did not appear – no defence offered.

Findings and Conclusions:

On the basis on the uncontested evidence from the Complainant, which was supported by a copy of the disputed cheque, I find the claim well founded.

I also considered that the Respondent had been properly notified.

Accordingly I award, under Section 6 of the Payment of Wages Act, 1991 the sum of € 338.55 being the amount claimed.

This sum to be paid within four (4) weeks of the date of issue of this Adjudication decision.

Decision:

Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991, requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008148-001	The claim is well founded and Redress of € 338.55 is awarded. To be paid within four (4) weeks of the issue of this Decision.

Dated: 13 June 2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

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