ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012515
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Complaint(s):
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-00016563-001 | 1/Jan/20181/Jan/2018 |
Date of Adjudication Hearing: 11/May/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant commenced employment with the Respondent on 26/07/2016, he was employed as a kitchen porter in a restaurant. On the 8th August 2017 the Complainant was informed that the restaurant would be closing the following day i.e. 9th August 2017, a day on which the Respondent was scheduled to work. The Respondent did not attend the hearing and efforts made to contact the Respondent were unsuccessful. This was the second scheduling of this hearing, the Respondent failed to attend the first scheduling. |
Summary of Complainant’s Case:
The Complainant was informed on the 8th August 2017 that the restaurant would be closing the following day. The Complainant has not received wages, holiday entitlement or notice. When the Complainant contacted the Respondent on this matter he was informed by email that they, the Respondent, were trying to fix things and sort out wages. Since this time the Complainant has received no further communication. Payment outstanding are as follows: Wages - €1211.75, Annual Leave Entitlement -€ 621.00 and pay in lieu of notice - €277.00; Total €2,109.75. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
In view of the Respondent not attending the hearing I’m left with no alternative but to accept the Complainant’s version of events. I have checked the communications sent to the Respondent and am satisfied that the Respondent received notification of the hearing. I order the Respondent to pay to the Complainant the sum of €2,109.75 being outstanding monies owed to him. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Respondent shall pay to the Complainant the sum of €2,109.75 (gross) in respect of outstanding wages, holiday entitlement and pay in lieu of notice. |
Dated: 16th August 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Wages |