ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004700
Complainant 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-00006534-001 | 19th August 2016 |
Date of Adjudication Hearing: 29th November 2016
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 1991, 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 dispute.
Attendance at Hearing:
Parties | Complainant | Respondent |
Background:
The Complainant was employed by the Respondent from 1st December 2013 to 16th February 2016 and his weekly rate of pay was €366.00c at the time the termination of his employment.
Preliminary Issue: .
The complaint was presented to the WRC on 19th August 2016 and in accordance with the provisions of Section 41(6) of the Workplace Relations Act 2015 the normal period under consideration for the purposes of the complaint is 6 months from the date of presentation of the complaint, which in this case is from 19th February 2016, this is 3 days after the Complainant’s employment with the Respondent terminated. However the Complainant made submissions that in accordance with the provisions of Section 41(8) of the Workplace Relations Act 2015, the failure to present the complaint was due to reasonable cause that justified extending that period by a further 6 months.
The Complainant said that he was attempting to resolve the issues directly with the Respondent and in addition he spent a short period in hospital and both of these delayed him taking advice on how to deal with the matter and submit complaints under the Act. The Complainant submitted that this constituted reasonable cause that justified extending the normal 6 month period for the consideration of complaints by a further 6 months.
Summary of Complainant’s Case:
Monetary value of holiday pay not received: It was wrongly calculated. I was not paid for my work for January and February, and received only €1000 for my work in 2015 on 15.02.2016 |
The Complainant submitted that he did not receive his full and appropriate wages for time worked in January and February 2016 (details provided to the Hearing) and in addition he did not receive payment in respect of his accrued untaken annual leave at the time of the termination of his employment (details provided to the Hearing).
The Complainant submitted that he was due the total nett amount €1,870.94c (detailed calculations provided to the Hearing) 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 6 of the Payment of Wages Act 1991, requires that I make a decision in relation to the complaint consisting of a grant of redress in accordance with the provisions of the same Section of the 1991 Act.
The Respondent 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 this matter.
Based on the uncontested evidence of the Complainant the complaints under Section 6 of the Payment of Wages Act 1991 is well founded and it is upheld.
The nett amount due to the Complainant is €1,870.94c and I require the Respondent to pay him that amount within 6 weeks of the date of this decision.
Seán Reilly, Adjudication Officer.
Dated: 14 March 2017