ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005617

Parties:

	Complainant	Respondent
Anonymised Parties	A Complainant	A Respondent

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-00007511-001	09/10/2016

Date of Adjudication Hearing: 28/02/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Location of Hearing: WRC Hearing Room Sligo

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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).

Summary of Complainant’s Case:

The claimant was employed as a warehouse staff member with the respondent from the 21st.Feb.2015 to the 21st.Feb.2016.He submitted the respondent was in breach of the Act for failing to pay him outstanding wages of €3,007.04 for work completed in Jan/Feb 2016 and for failing to pay him outstanding holiday pay of €146.40.

He submitted that the delay in making his complaint arose from assurances he received from the Insolvency Office to the effect that they could process outstanding wages – he stated that he was only advised by Mr.O of the Insolvency Office in October 2016 , that his complaints would have to be processed through the WRC.

Summary of Respondent’s Case:

The respondent did not attend and was not represented at the hearing.

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.

Having reviewed the evidence presented by the claimant , I find there was reasonable cause for the delay in making the complaint and consequently I deem the complaint to be in time.

On the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and I require the respondent to pay the claimant compensatory amounts of €3,007.04 for outstanding wages and €146.40 for outstanding holiday pay within 42 days of the date of this decision.

Dated: 19th April 2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea