ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00006127

Complaint for Resolution:

Date of Adjudication Hearing: 08/02/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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 was employed as the PR and Marketing Manager with the respondent which is a small book publisher.

There had been delays on a few occasions in the payment of wages and eventually in August 2016 she was left short about half her wages and not paid at all for September.

She was paid €950 in three tranches of €200 (September 1^st), €500 on September 7^th and €250 on September 29^th, all in respect of August.

She says she is owed €2330. She has since left the company.

Respondent’s Submission and Presentation:

The respondent did not dispute the claim. The MD explained that the company was experiencing cash flow difficulty which resulted in him not being paid salary for quite a period and also in the problem for the complainant.

He had hoped to make good the shortfall when an expected income stream materialised but he could not say when this would be.

Findings and Conclusions

The complainant was paid €23,000 per annum; or a gross monthly figure of €1916.67 per month. This netted out at €1691.82 (for some reason this also appears elsewhere on her complaint form as €1791).

What is clear is that she is owed the full amount of her wages for September viz; €1916.67 gross (€1916.67 net).

I find that the outstanding amount for August (expressed as an after tax figure in this instance) is €741 (the difference between the €950 payments and €1691.82). All payments are full subject to tax and deductions in respect of any payment where they have not been.

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-00008189-001 and award the complainant the one month’s salary at €1916.67 gross before deductions and a further month’s salary in the same amount less €950 already paid with the balance (and the accumulated sum) being fully subject to tax and other statutory deductions. This latter figure is €741 but after tax and deductions. Appropriate statutory payments should be made in all cases.

Dated:   16/03/2017