ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00009420

Parties:

Complainant           Anonymised Parties      Respondent

A Commercial Director                                Infant Products Developer  

Representatives

Niall Maccarthy Dillon Solicitors                     Hussey Fraser Sols

Complaint(s):

ActComplaint/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-00012360-001 07/07/2017  

Date of Adjudication Hearing: 22/11/2017 Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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 as Commercial Director with the Respondent, an infant products developer, from 3rd January 2017 until 26th April 2017.   He was paid a gross monthly salary of €6,666.66. A complaint was received by the WRC on 7th July 2017. A hearing which took place on 29th August 2017 was adjourned in the hope that matters could be resolved without an Adjudication Decision being required. Unfortunately matters were not resolved and a second hearing of the case took place on 22nd November 2017.

Summary of Complainant’s Case:

The Complainant submitted that he was not paid his final month’s salary and expenses.  

Summary of Respondent’s Case:

The Respondent agreed that the Complainant had not been paid his final month’s salary and expenses.  

Findings and Conclusions:

I find the complaint well founded. Both parties agree that a total amount of €5,466 is owed to the Complainant, consisting of €5,000 gross salary and €466.00 in expenses.   The Complainant has agreed to return the company computer in his possession forthwith.    

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.   I declare that the Respondent has breached Section 5 of the Act. I direct the Respondent to pay the Complainant a total amount of €5,466, subject to any lawful deduction, within 42 days of the date of this Decision.  

Dated:   23rd January 2018  Workplace Relations Commission Adjudication Officer: Roger McGrath

Key Words: Pay