ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007289

Parties:

	Complainant	Respondent
Anonymised Parties	A Driver	A Haulage Contractor

Representatives

Self-Represented

Did not attend.

Complaint(s):

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-00009243-001	23/01/2017

Date of Adjudication Hearing: 04/09/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

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(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

1: Summary of Complainant’s Case:

The Complainant was employed as a delivery driver by the Respondent from the 1^st of June to the 15^th June 2016. It was agreed that the rate of pay would be €10:00 per hour. The Complainant alleged that he worked 120 hours in the period giving a wage of €1,200. He has not been paid.

Additionally he alleged that he was due €96:00 for outstanding Holiday Pay.

2: Summary of Respondent’s Case:

The Respondent did not attend the hearing and no evidence was submitted.

3: Findings and Conclusions:

The Complainant is a foreign national. No documents were ever exchanged regarding the employment. The Complainant has accordingly very little objective proof. However having listened to his oral evidence and questioned him at length I came to the view that he was being genuine and truthful.

As regards the initial claim being out of time ( 6 months) I was prepared to allow it proceed as the Complainant had great difficulty establishing the address of the Respondent and had initial language difficulties.

Accordingly I award the Complainant the sum of €1,200 in lieu of unpaid wages and €96 in lieu of Holiday pay. Both figures are taxable.

4: Decision:

Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision under the Redress provisions of both cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision / Refer to Section 3 above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00009243-001	Claim is well founded. An Award in favour of the Complainant of €1,200 in lieu of wages unpaid and €96 in lieu of Holidays is made.

Dated: 15^th November 2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

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