ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00006320
Complaint 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-00008574-001 | 05/12/2016 |
Date of Adjudication Hearing: 01/03/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 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.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | (A Graphic Designer) | (A Publisher) |
Complainant’s Submission and Presentation:
During the final months of her employment the complainant was not paid her salary on time or in full. She was paid in late, scattered part-payments. She was given notice of redundancy on June 14th 2016, along with two of her colleagues, as the company was struggling financially and needed to be restructured.
Her employment terminated on July 14th. She was told that the balance of salary would be paid by the end of July but this did not happen. Since then, she has received net payments of €500 and €200 in August and September, respectively and is still owed the balance of salary which totals at €612.01 gross.
Respondent’s Submission and Presentation:
The respondent is a small book publisher which experienced financial difficulties, in part as a result of delays in grant payments owed to it which necessitated the redundancies and significant downsizing of the company’s operations.
The MD in his evidence spoke very highly of the complainant’s skill and contribution to the company. This was reciprocated by showing her a degree of tolerance in relation to certain personal needs and also to giving her self development opportunities.
He said the company at all times strove to be a good employer and took exception to some public criticism of it. Its position was purely a result of unfortunate financial conditions.
He did not dispute the amount owed to the complainant.
Decision:
Section 41(4) 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.
The amount owed to the complainant is not in dispute and I uphold CA-00008574-001 and award her €612.01 being a gross figure and subject to all normal statutory deductions.
Dated: 19 May 2017