ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008658

Parties:

Complaint(s):

Date of Adjudication Hearing: 12/10/2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 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.

The Respondent failed to attend the hearing and did not make a written submission. I am satisfied that the Respondent had been provided with the notice of the hearing, and with details of the complaint, to the address of the place of registration of the business.

Background:

The Complainant was employed as a window cleaner. He commenced employment with the Respondent on 5 April 2017. He was provided with a contract of employment which indicated his rate of pay was €26,000 per annum-€500 per week, and where expenses for fuel and other issues were also to be refunded by the Respondent.

Summary of Complainant’s Case:

The Complainant submitted that he had worked from 5^th April up to the 8^th May 2017. He maintained that did not receive his pay in accordance with this contract of employment, and despite many attempts both verbally and through text message (an extensive sample of text correspondence from the Complainant to the Respondent seeking his wages was submitted at the hearing) he only received €400 in cash.

As a consequence of not being paid the Complainant left his employment on 8^th May 2017.

He therefore maintained he was due one month’s wages.

Summary of Respondent’s Case:

The Respondent failed to attend the hearing and did not make any written submission in response to the complaint.

Findings and Conclusions:

Section 5 (1) of the Payment of Wags Act 1991 states that an employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—

(a)   the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,

(b)   the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or

(c)    in the case of a deduction, the employee has given his prior consent in writing to it.

I find that in light of the uncontested evidence that the Respondent has underpaid the Complainant and by so doing has made unlawful deductions from the Complainant’s wages. Having heard the evidence submitted, and in accordance with Section 6 of the Payment of Wages Act 1991, I find the complaint is well founded.

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. Section 6 of the Payment of Wages Act 1991 requires that I make a decision under the relevant sections of that Act.

As I have found the complaint is well founded, I direct the Respondent to pay the Complainant compensation of €2,000 after the making of any lawful deduction.

Dated: 29 November 2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney