ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008449
Parties:
| Complainant | Respondent |
Parties | A Marketing and Communications Manager | A Scientific Company |
Complaint:
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-00011505-002 | 22/05/2017 |
Date of Adjudication Hearing: 25/07/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with 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 complaint received on 22nd May 2017 stated that the Respondent failed to pay the Complainant the sum of €5,322.48 in wages and €638.70 for annual leave accrued. |
Summary of Complainant’s Case:
The Complainant stated that she was employed by the Respondent from 12th September 2016 until 21st April 2017. Prior to that she had been engaged on an Internship for three months. She stated that from an early stage in her employment, the Respondent was late paying her wages. She stated that she was due to be paid on 17th March, 17th April and 21st April 2017. Since lodging her complaint, she had received the sum of €4,000. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Decision:
Section 5 (6) of the Act provides that where wages ‘properly payable’ fail to be paid, then that constitutes a deduction under the Act. The Complainant submitted that full payment of her wages and holiday pay was withheld unlawfully from her at the end of her employment. I note the payment of €4,000, leaving a shortfall of €1,961.18 net. I declare the Complainant’s complaint to be well founded and as provided for in Section 6 of the Act, I require the Respondent to pay to the Complainant the net sum of €1,961.18 |
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Dated: 18th August 2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham