ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008483

Complaint(s):

Date of Adjudication Hearing: 02/10/2017

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.

Background and Summary of Complainant’s Case:

The Complaint was employed with the Respondent from 6^th September 2016 until 29^th January 2017.

He maintained he was not paid a week’s wage upon his termination of employment as he was being paid a week in arrears and where he received no payment after his termination of employment.

Summary of Respondent’s Case:

The Respondent submitted that the Complainant did receive the wages due to him. It maintained that he was on sick leave for a period from late November 2016 until January 2017 and he would have received the wages due on the first week of his sick leave. The Respondent submitted the payroll record which supported its position, and also demonstrated the Complainant was paid for his annual leave, and was paid for his final weeks work.

Findings and Conclusions:

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, 1991requires that I make a decision in relation to a contravention of Section 5 of that Act. As I have found the Respondent has paid the Complainant correctly, and has not made any unlawful deductions, I find the complaint is not well founded and therefore is not upheld.

Dated:   9^th October 2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

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