ADJ-00008379

ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00008379

Parties:

Complaint

Date of Adjudication Hearing: 03/08/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 from August 2015 until the employment terminated on 12^th January 2017. The Complainant was paid €600.00 net per week and he worked between 40 and 50 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 3^rd May 2017 alleging the Respondent had breached Section 5 of the Act in that he had not been paid 3 weeks wages of €1800.00 net.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he was due to resume work after the Christmas Holidays on 13^th January 2017. However he received a text message to his phone on 11^th January 2017 informing him that he was no longer required to work for the Respondent. He stated that he had only been paid 49 weeks wages for the 2016 year and that he had not been paid his final three weeks wages on termination of his employment in January 2017. He is claiming payment of €1800.00 net for these three week wages.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 3^rd August 2-017.

Findings

On the basis of the evidence and on the uncontested evidence of the Complainant I declare this complaint is well founded. The Respondent has breached Section 5 of the Payment of Wages Act, 1991 – 2015

Decision: CA-00011105-001 - Payment of Wages Act, 1991-2015

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. The Respondent has breached Section 5 of the Payment of Wages Act, 1991 – 2-015. I direct the Respondent to pay the Complainant €1800.00 net within 42 days of the date of this Decision.

Dated:   14^th September 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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