ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011223
Parties:
| Complainant | Respondent |
Anonymised Parties | Worker | Wholesale and Retail Trade |
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-00014901-001 | 07/10/2017 |
Date of Adjudication Hearing: 29/05/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 by the Respondent and he left the employment on 14th April 2017. He referred a complaint to the Workplace Relations Commission on 10th October 2017 alleging he had not been paid for 6 weeks wages on termination of his employment. He was provided with two payslips – provided to the Hearing – one dated 31st March 20217 showing net wages due of €2306.27 and a second payslip dated 30th April 2017 showing net wages due of €460.80. A hearing was scheduled for 6th March 2018. The Respondent sent an email dated 6th March 2018 at 08.36 in summary stating that he was unable to attend the Hearing as he had been due to travel from Riga in Latvia but due to weather conditions his flight had been cancelled. He also attached a Bank of Ireland Payment History which he stated confirmed that the Complainant had been paid both amounts due. The Administration Unit scheduled a further Hearing for 29th May 2018. The Respondent did not attend this scheduled Hearing. The Complainant attended both Hearings. |
Summary of Complainant’s Case:
The Complainant provided copies of the two payslips showing net wages due yto him which he stated had not been paid to him. He showed his Bank Accounts to the Hearing which show there were no transfers of his wages due. The Complainant also provided copies of an exchange of emails between him and the Respondent in relation to his outstanding wages due and these were exchanged 11th – 18th and 23rd May 2017. The Complainant also examined the Bank of Ireland Payment History forwarded by the Respondent on 6th March 2018 and he noted that the account where these monies had allegedly been paid into was not his correct account as evidenced on his Bank Statements and he also observed there was no date as to when these payments had allegedly been paid to him. |
Summary of Respondent’s Case:
The Respondent did not attend the Hearing scheduled for 6th March 2018 and the second Hearing scheduled for 29th May 2018 |
Findings and Conclusions:
On the basis of the uncontested evidence of the Complainant and having examined in detail the Bank Statements of the Complainant and the Bank of Ireland Payment History provided by the Respondent I find that the payments alleged to have transferred to the Complainant did not identify the Complainant’s correct Bank Account details nor is there a datre on this as to when these payments were allegedly made. |
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.
In accordance with Section 41(5) of the Workplace Relations Act, 2015 and on the uncontested evidence of the Complainant and on the BANK Account details he provided, I declare the complaint is well founded. I direct the Respondent to pay the Complainant the amount of €2767.07, net, within 42 days of the date of this Decision |
Dated: 22nd August 2018.
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Payment of Wages – Net wages of €2767.07 due and not paid on termination of the employment. |