ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003906

Complaint 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-00005699-001	07/07/2016

Date of Adjudication Hearing: 23/11/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

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

Complainant’s Submission and Presentation:

The complainant attended for a job interview with the respondent on February 1^st, 2016 following a public advertisement and in due course she was successful and was appointed.

She was offered a salary of €40,000 plus other benefits and in due course commenced work with the respondent on February 23^rd 2016.

She located to the Galway office on March 30^th 2016 but on April 26^th received an email from the landlord of the office saying that the rent had not been paid. She contacted her head office to advise them of this and also of the fact that her own salary had not been paid.

On April 28^th 2016 she was asked to leave the office due to the rent arrears and returned the keys of the building.

She had no further communication from her employer and her salary arrears remain outstanding. She has not received a P45 and is also due payment in lieu of notice and holiday pay (which are not part of this complaint).

The amounts outstanding are, for February €691.84, for March €3214.37 and for April €3214.37, a total of €7120.58 less total payments made of €1383.68, leaving a total of €5736.90.

Respondent’s Submission and Presentation:

The respondent did not attend the hearing. He received notice of it on October 25^th 2016 and offered no explanation for the failure to do so.

Decision:

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

I uphold complaint CA-00005699-001 and award the complainant the sum of €5736.90 in outstanding wages.

ADJ-00003906