ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005634

Complaint for Resolution:

Date of Adjudication Hearing: 01/03/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

In particular, the Complainant herein has referred a complaint of a contravention of Section 5 of the Payment of Wages Act, 1991. Pursuant to Section 6 of the said 1991 Act, in circumstances where the complaint is deemed to be well founded, compensation in the amount so specified may be awarded.

In a preliminary way I am satisfied a Contract of Employment existed between the parties such that a wage defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment. I further find that the Complainant’s Workplace Relations complaint Form dated the 25^th of October 2016 was submitted within the time allowed.

Parties:

A Marketing Manager vs A Telecommunications Company

Complainant’s Submission and Presentation:

I have carefully considered the evidence adduced by the Complainant herein. There was no appearance by or on behalf of the Respondent. I am satisfied that the Respondent was on Notice of today’s hearing date.

Whilst the Complainant’s evidence was unchallenged and carries an appropriate weight it is not accepted simply for that fact and I (as I am obliged to do per Mr. Justice Hogan in the case of Martin McDonagh vs. The Sunday Papers) have considered the supporting documentation provided to me by the Complainant herein which was largely contained in the pre-hearing submission and I myself have made further appropriate inquiries.

The Complainant commenced her employment in 2014. The Complainant became unhappy with her employment and decided to move on, handing in her Notice at the end of March 2016. The employment terminated one month later and the Complainant was due her final pay together with her P45 at the beginning of June.

I accept that the Complainant’s wages had been inappropriately deducted of the bonus element that she had earned in advance of her departure from the Respondent Company. In addition an attempt by her Employer to claw back some part of a previous payment made in respect of Bonus payment was made through the final wage received. I find these two actions constituted unlawful deductions as provided for under the 1991 Act.

The Respondent was wholly unreasonable and dismissive of the Complainant herein.

Respondent’s Submission and Presentation:

No Appearance.

Decision:

I find the Complainant’s case to well founded and award the Complainant the sum of €1,200.00.

Dated:   18^th May 2017