ADJUDICATION OFFICER DECISION

                                                       Adjudication Decision Reference: ADJ -00005623 and ADJ-00005624

Complaints for Resolution:

Date of Adjudication Hearing: 11th January 2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act 1991following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background.

The Complainant was employed by the Respondent from 9^th November 2015 to 16^th February 2016 and his nett weekly rate of pay was €305.32c.   The Complainant was submitting that the Respondent was in breach of his rights and entitlements under Section 5 of the 1991 Act.

Preliminary Issue

A preliminary issue arose in relation to the time limits for the presentation of complaints as laid out in the Payment of Wages Act 1991 and Workplace Relations Act 2015.

Section 6(4) of the Payment of Wages Act 1991 and Section 41(6) of the Workplace Relations Act 2015 provides that a complaint must be presented to the WRC within 6 months of the alleged breach.   The complaint was presented to the WRC on 16^th October 2016 and this is more than 6 months after the date that the Complainant’s employment with the Respondent terminated, accordingly the complaint is outside the normal 6 month period for the presentation of complaints ; however the Complainant made submissions that, in accordance with the provisions of Section 41(8) of the Workplace Relations Act 2015, his failure to present the complaint within that period was due to reasonable cause that justified extending that 6 month period by a further 6 months.    

The Complainant said that he was attempting to get his unpaid ‘wages’ from the Respondent and his efforts in that context continued for a considerable period, he believed that he was going to be paid all outstanding monies due to him.   He said that it was only when it became obvious that these monies would not be forthcoming that it was appropriate to refer his complaints to the WRC.   The Complainant submitted that the foregoing constituted reasonable cause that caused the failure to present the complaints within the normal 6 month period and that justified extending that period.

Substantitive Issue:

Summary of Complainant’s Case: :

The Complainant submitted the following:

1. Unpaid Wages:

   The Complainant said that he was due €2,360.70c in unpaid wages (258 hours x 9.15c per hour) at the time his employment was terminated.    He said that was subsequently paid €1,000.00c leaving the nett sum €1,360.70cc due to him in unpaid wages.

     

2. Holiday Pay:

   The Complainant said that he did not receive pay –in-lieu of accrued untaken annual leave at the time of the termination of his employment.     The Complainant said that he was due the nett sum of €341.84c in that respect (details provided to the Hearing)

    

3. Minimum Notice:

   The Complainant said that his employment was terminated by the Respondent without notice or pay-in-lieu of notice.     He said that based on his level of service or continuous employment he was due one weeks pay in the nett sum of €305.32c in that respect.

The Complainant said that he was due the total nett sum of €2,007.86c and he sought a decision to that effect.

Summary of Respondent’s Position:  

The Respondent was not present or represented at the Hearing and they sent no submissions.

Findings and Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 6 of the Payment of Wages 1991 requires that I make a decision on the complaint in accordance with the same Section of the 1991 Act.

The Complainant was not present or represented at the Hearing and they sent no submissions, accordingly I only have the evidence and submissions of the Complainant to rely upon in these matters.

Based on the uncontested evidence of the Complainant I find and declare that the complaint under Section 6 of the 1991 Act is well founded and it is upheld.   I declare that the nett amount due to the Complainant is €2,007.86c and I require the Respondent to pay him that amount within 6 weeks of the date of this decision.

Seán Reilly, Adjudication Officer:

Dated: 8^th March 2017