ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004972

Parties:

	Complainant	Respondent
Anonymised Parties	An Employee	A Retail Business

Complaint(s):

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-00007035-002	16/09/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00007035-003	16/09/2016

Date of Adjudication Hearing: 07/02/2017

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Location of Hearing: The Harbour Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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.

Summary of Complainant’s Case:

The Complainant contends that the Respondent had not paid him monies due to him in respect of hours worked. The Complainant calculated that this amounted to €792.17 in total.

Summary of Respondent’s Case:

The Respondent stated that the matter of the Complainant’s payments was the subject of an investigation by WRC Inspection service. It was further stated that outstanding payments due and annual leave entitlements all formed part of an agreement brokered by a WRC Inspector.

As a result of this agreement the Respondent paid the Complainant a sum of €€623.42 (nett) in a once off settlement.

Findings and Conclusions:

Having carefully considered the evidence adduced and having confirmed the details of the agreement with the named WRC Inspector, I am satisfied that there is no longer a basis to the Complainant’s complaint.

Decision:

Section 41 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.

Having carefully considered the evidence presented and in line with the conclusions/findings set out above, I find that the Complainant’s complaint is not upheld.

Dated: 30 May 2017

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Key Words: