ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005744
Complaint(s)/Dispute(s) 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-00008012-001 | 06/11/2016 |
Date of Adjudication Hearing: 01/02/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 6 of the Payment of Wages Act, 1991 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).
Complainant’s Submission and Presentation:
I have finished working for Respondent Company on 16th of May 2016. At that time the company was not in a good shape, so I decided to change job. Employees haven't been paid on time and haven't received payslips. To this day I have only 1 payslip for almost 2 years I have been working there. When I was leaving my outstanding wages were 3300 euro. On 10.06.2016 I received 1000 euro and on 12.08.2016 another 500. These were the only two payments I have received. I have asked the CEO many times to clear my outstanding wages and for financial statement that would show how much exactly I am owed. I haven't got either. On one occasion the CEO made a suggestion that my outstanding wages can't be that high. In reply I asked him to examine the financial documentation and provide me with the statement. I haven't got any documents which, with the missing payslips, are clear signs that company's financial reporting wasn't done properly. |
Respondent’s Submission and Presentation:
The Respondent did not attend and no submission was received. I was satisfied that proper notice had been served.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the cited Acts.
Issues for Decision:
Did a breach of the section 6 of the Payment of Wages Act, 1991 take place/ is there a well-founded complaint?
Legislation involved and requirements of legislation:
The Payment of Wages Act, 1991
Decision:
The Respondent did not attend the hearing or present evidence. The Complainant produced tax and payment records. The evidence pointed to the sum of €1,000 (nett pay) being outstanding.
Accordingly having considered all the evidence presented I find that the claim is well founded.
I direct under Section 6 of the Payment of Wages Act, 1991 that the sum of € 1,000 (or the appropriate equivalent grossed up amount to allow for statutory deductions back to €1,000) be paid to the Complainant as soon as possible.
Dated: 02/05/2017