ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013121
Parties:
| Complainant | Respondent |
Anonymised Parties | A Software Developer | A Software Company |
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-00017351-001 | 09/02/2018 |
Date of Adjudication Hearing: 19/06/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The claim concerns the alleged non-payment of salary to a Software Developer by a Software Company. |
1: Summary of Complainant’s Case:
Documentary evidence, not contested by the Respondent, was provided to substantiate a claim for unpaid Salary amounting to €8,230,92 and Holiday Pay of € 349.69 for the period of the Complainant’s employment. |
2: Summary of Respondent’s Case:
The Respondent did not contest the evidence and agreed that the monies quoted were due. The Company had not succeeded in securing the required investor finance and was now effectively out of business. |
3: Findings and Conclusions:
All parties present at the Oral Hearing agreed the salary figures. There appeared to be no doubt that the Complainant had been an employee. Accordingly, I have to make an award, under Section 6 of the Payment of Wages Act, 1991 of € 8,580.61 in favour of the Complainant. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Act | Complaint/Dispute Reference No. | Summary Decision /Refer to Section 3 above for detailed reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017351-001 | An award, under Section 6 of the Payment of Wages Act,1991, of € 8,580.61 is made in favour of the Complainant. The Taxation of this amount to be subject to the guidance of the Revenue Commissioners. |
Dated: 14th August 2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
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