ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006383
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Transport Company |
Representatives |
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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-00008741-001 | 12/12/2016 |
Date of Adjudication Hearing: 09/03/2017
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Location of Hearing: The Harbour Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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.
Background:
The Complainant worked with the Respondent as a truck driver from 10 May 2010 to 15 November 2016. |
Summary of Complainant’s Case:
The Complainant stated in evidence, at the Hearing, that, as a result of a very significant change in his work patterns in November 2016, he left the Respondent’s employment. According to the Complainant he gave the Respondent two weeks notice which he considered to be one week more than he was required to provide. However, the Complainant stated that the Respondent disagreed with his position in this regard. The basis of the Complainant’s claim is that he had been working a week in arrears since he commenced employment with the Respondent. The Complainant claims this week was not paid to him when he left the Respondent’s employment and he is now claiming €450.00 in respect of this payment.
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Summary of Respondent’s Case:
The Respondent did not attend the Hearing or provide any other response/submission. |
Findings and Conclusions:
Based on the uncontested submission of the Complainant, I am satisfied as to the validity of his claim. Based on the information provide by the Complainant, I accept the calculation of the amount in dispute to be €450.00 |
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 provisions under Schedule 6 of that Act.
Based on the findings and conclusions set out above, I find in favour of the Complainant in the sum of €450.00, in respect of unpaid wages. |
Dated: 22nd May 2017
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
Unpaid Wages Working time in arrears |