ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011917
Parties:
| Complainant | Respondent |
Anonymised Parties | A Blocklayer | A Building Company |
Representatives | Self - represented | Self - represented. |
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-00015826-001 | 15/11/2017 |
Date of Adjudication Hearing: 11/10/2018
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).
At the date of the Oral Hearing extra documentary evidence regarding Payroll Records and a statement from the Respondents’ Accountant was requested. This was furnished on the 16th October and was copied for comment to the Complainant.
Background:
The issues in contention centre on alleged outstanding wages due to a Blocklayer from a Building Company. |
1: Summary of Complainant’s Case:
The Complainant worked for the Respondent from 14th September 2017 to the 19th October 2017. He was not paid for this period and is due a sum of €1,950 in outstanding wages. |
2: Summary of Respondent’s Case:
The correct amount of nett wages was paid. This was supported by records furnished by the Respondent’s Accountant. These records were supplied post the Oral Hearing and copied for comment to the Complainant. The claim has no merit. |
3: Findings and Conclusions:
Both parties attended the Hearing. On review I found the oral evidence of the Respondent to be more probable as to credibility. Taken with the written Statement from the Respondent Accountant and the copy P35L I found that the Complainant’s claim is not well founded.
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4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
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Act | Complaint/Dispute Reference No. | Summary Decision. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00015826-001 | Claim is dismissed as not well founded. |
Dated: 14/12/18
Workplace Relations Commission Adjudication Officer: Michael McEntee
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