ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007338
Parties:
| Complainant | Respondent |
Anonymised Parties | A Branch Manager | A provider of components to the commercial vehicle industry |
Representatives | None | None |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00009917-001 | 26/02/2017 |
Date of Adjudication Hearing: 21/06/2017
Procedure:
On the 26th February 2017, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 21st June 2017.
At the outset of the adjudication, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication. Having been satisfied of this, and waited some time to accommodate a late arrival, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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 for the respondent between the 4th April 2016 and the 2nd December 2016. He was paid €1,115.38 gross per week. He claims monies owed to him in wages, holiday pay and minimum notice. |
Summary of Complainant’s Case:
The complainant outlined that he worked for the respondent between the 4th April 2016 and the 2nd December 2016. His employment ended in circumstances where he was summarily dismissed by the respondent. The last pay he received was on the 5th December 2016 for the preceding week.
Addressing his complaints, the complainant outlined that he had been underpaid over the course of his employment. He was paid €860 net per week when he should have been paid €876.60. The sum of the pay owed to him was €1,275.
In respect of his complaint for holiday pay, the complainant said that he had a contractual entitlement to 30 days of annual leave. Given the length of his employment, he had a pro rata entitlement to 17 days, of which he had taken 5 days. He was therefore owed for 12 days of annual leave. This amounts to €2,676. He was also due one week’s notice pay, an amount of €876.60.
The complainant presented correspondence dated the 30th May 2017 he received from the liquidators. This encloses a cheque for €1,551.68 in part-payment of the amounts due to the complainant. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication and the liquidators wrote to the complainant on the 30th May 2017, enclosing part-payment for the amounts claimed by the complainant. The letter refers to “[the complainant’s] claim from the Department of Social Protection and certain maximums the Department is willing to pay out.” |
Findings and Conclusions:
This is a complaint made pursuant to the Payment of Wages Act and my role is, therefore, to determine whether the complainant is entitled to redress pursuant to that Act. In this case the uncontroverted evidence was that the complainant is entitled to redress of €1,275 for a shortfall in wages; €2,676 for outstanding holiday pay and €876.60 in notice pay. The sum of these amounts of €4,827.60. The complainant is entitled to a determination on the claim made pursuant to the Payment of Wages, irrespective of whatever restrictions apply to payments from the Insolvency Fund. The determination reflects that the complainant has received part-payment of these amounts. |
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.
CA-00009917-001 I find that the complaint made pursuant to the Payment of Wages Act is well-founded and the respondent shall pay to the complainant redress of €4,827.60 less any amounts already paid to the complainant by or on behalf of the respondent. |
Dated: 25 October 2017
Key Words:
Payment of Wages Act Insolvency Fund |