This is a correcting order made under section 39 of the Organisation of Working Time Act 1997
This decision should be read in conjunction with the decision issued 18 May 2017
ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005678
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Service company |
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-00007903-001 | 01/11/2016 |
Date of Adjudication Hearing: 28/02/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.04 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Claimant is claiming outstanding wages. |
Summary of Complainant’s Case:
The Claimant was employed as an intern on October 2015. He was appointed to a full time position on 23 February 2016 on a salary of €35,000.00. However, the only payment he received was €3,500.00. He is claiming an outstanding amount of €6,500.00 |
Summary of Respondent’s Case:
The company was registered October 2016. The Claimant was offered a job if the investment came through for the company. However, this did not materialise and as a result he was never an employee of the company. The Respondent accepted that he was paid the sum of €3,500.00 and that the sum of €1,500 was due but they required an invoice before it could be discharged. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Findings and Conclusions:
I have considered the submissions made by the parties. I note that the Respondent paid the sum of €3,500.00 to the Claimant. Therefore I accept that an employee/employer relationship existed. I find the Claimant’s case well founded and award €6,500.00 in unpaid wages. |
Dated: 18/05/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
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ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005678
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Service company |
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-00007903-001 | 01/11/2016 |
Date of Adjudication Hearing: 28/02/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.04 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Claimant is claiming outstanding wages. |
Summary of Complainant’s Case:
The Claimant was employed as an intern on October 2015. She was appointed to a full time position on 23 February 2016 on a salary of €35,000.00. However, the only payment she received was €3,500.00. She is claiming an outstanding amount of €6,500.00 |
Summary of Respondent’s Case:
The company was registered October 2016. The Claimant was offered a job if the investment came through for the company. However, this did not materialise and as a result she was never an employee of the company. The Respondent accepted that she was paid the sum of €3,500.00 and that the sum of €1,500m was due but they required an invoice before it could be discharged. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions made by the parties. I note that the Respondent paid the sum of €3,500.00 to the Claimant. Therefore I accept that an employee/employer relationship existed. I find the Claimant’s case well founded and award €6,500.00 in unpaid wages. |
Dated: 18th May 2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
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