ADJ-00006136

ADJUDICATION OFFICER DECISION 

Adjudication Reference: ADJ-00006136

Parties: 

Complaint:    

Date of Adjudication Hearing: 19th April 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 27^th November 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 19^th April 2017. The complainant is a security guard and the respondent is a provider of security services. 

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by, or on behalf of, the respondent. I verified that the respondent was served with notification of the time, date and venue of the adjudication. I established that such notification had been sent to the registered address of the respondent, a limited company. Having taken these steps, and waited some time to accommodate a late arrival, I proceeded with the adjudication in the absence of the respondent. 

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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.

Background:

The complainant is a security guard and seeks recovery of unpaid wages and holiday pay.

Summary of Complainant’s Case:

The complainant is a security guard and was employed by the respondent for two months. He was not provided with a contract of employment or other documentation by the respondent. He was posted to work as a static security guard at a named retail premises. He outlined that at the end of his first month working for the respondent (August 2016), he received payment by way of a cheque issued by the respondent company. He sought to lodge the cheque, but it bounced. He approached the respondent and he was able to lodge the second cheque provided to him. 

This claim relates to unpaid wages due to the complainant for September 2016. Again, he was provided with a cheque which bounced. He raised this with the respondent, but they did not issue a second cheque or otherwise pay him. The complainant outlines that he is due €900 in pay and €172 in holiday pay. He outlined that while working for the respondent, he had to stand for many hours without breaks. He was never issued with pay slips.

Summary of Respondent’s Case:

The respondent did not attend the adjudication and nor did it make submissions to the hearing.

Findings and Conclusions:

From the uncontroverted evidence of the complainant, he is entitled to €900 in pay and €172 in holiday pay. The sum of these two amounts is €1,072. 

I note that the respondent did not provide pay slips, a statement of the complainant’s terms of employment or any other documentation related to the complainant’s employment. I cannot therefore say what lawful deductions have been made by the respondent in this case. I also note the loss and inconvenience incurred by the complainant in seeking to get paid because the respondent’s cheques could not be lodged into his account or cashed. Pursuant to section 6(1)(b) of the Payments of Wages Act, as amended, I consider it reasonable in these circumstances to award twice the amount of the unlawful deduction, i.e. a total of €2,144. This shall be paid by the respondent to the complainant within 42 days. 

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 provision under Schedule 6 of that Act. 

CA-00008412-001

Pursuant to section 6 of the Payment of Wages Act, I decide that the respondent shall pay to the complainant the amount of €2,144 as redress for unpaid wages and holiday pay. This shall be paid to the complainant within 42 days of this decision. 

Dated:   02/05/2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Key Words:

Payment of Wages Act

section 6(1)(b) of the Payments of Wages Act