ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008272
Complaint:
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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-00010998-001 | 26/04/2017 |
Venue: Lansdowne House, Dublin 4
Date of Adjudication Hearing: 15/08/17 and the 12/10/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and under 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.
Background:
The Complainant was employed as an assistant from the 15th of August 2016 to the 21st of April 2017. She was paid at the rate of €514 net., for working a 39 hour week. She alleges that the Respondent failed to pay her wages due for a six week period. She filed a complaint with the Workplace Relations Commission on the 26th of April 2017. |
Summary of Complainant’s Case:
The Respondent failed to pay her wages due for the following periods; Week ending : 15/03/17 €514 Week ending : 22/03/17 €514 Week ending : 29/03/07 €514 Week ending : 06/04/17 €514 Week ending : 14/04/17 €514 Week ending : 21/04/17 €514
Total Net Wages Due: €3084.00 |
Summary of Respondent’s Case:
The Respondent failed to attend at the hearing held on the 15/08/17. The Respondent wrote to the Workplace Relations Commission by letter which was received on the 14th of August 2017. As a result of the contents of this letter, the Workplace Relations Commission decided to reconvene a further hearing, in order to allow the Respondent to present their evidence in relation to this particular case. A further hearing was arranged for the 12th of October 2017. The Respondent was informed of the date of this hearing and once again they failed to attend at the hearing.
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Findings and Conclusions:
The Respondent has made a number of allegations in writing in relation to the complainant’s behaviour. The Respondent failed to attend at either hearing, in order to outline to the complainant and to the adjudicator the details of these allegations. A second hearing was arranged for the Respondent in order to allow them to present their evidence and they failed to attend. Therefore I have no choice but to disregard unsigned written correspondence which was received by the Workplace Relations Commission. I find that the evidence presented by the Complainant was both clear and concise in relation to wages due to her. |
Decision:
Section 6(2) of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of that Act.
Based on the uncontested evidence presented at the hearings, I find that the complaint is well-founded. I order the Respondent to pay to the Complainant, compensation in the sum of €3084. For breaches of Section 6 of the Payment of Wages Act, 1991. This sum must be paid within a period of 6 weeks of the date of this decision. |
Dated: 16/11/2017
Workplace Relations Commission Adjudication Officer: John Walsh