ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003835
Complaint(s)/Dispute(s) for Resolution:
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-00005596-001 | 30/06/2016 |
Date of Adjudication Hearing: 24/10/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Complainant’s Submission and Presentation:
I have correspondence email from my employer saying that fund have be transfered to my account plus I have text messages from him saying when my payment of wages will be tranfered into my account. [ plus I was not given my weeks notice as per employment contract] |
Respondent’s Submission and Presentation:
There was an unexplained absence of the Respondent.
Decision:
Section 41(4) 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.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Was there wages lawfully doe to the Claimant?
Was the Claimant entitled to notice?
Legislation involved:
Section 6 of the Payment of wages Act.
Decision:
The Claimant was employed by the Respondent from 2 4 May 2016 until 2 June 2016 he does not qualify for the payment of notice. However, as there was an unexplained absence of the Respondent I accept the uncontested evidence presented by him. I find the claim well founded and award €1,231.00
Dated: 8th March 2017