ADJ-00011449

Complainant

Respondent

Anonymised Parties

Production Manager

Digital Media Company

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-00015150-001

20/10/2017

The Complainant was employed by the Respondent Company from 1st October 2015 until she was made redundant from her position on 6th March 2018. She was paid €3750.00 gross per month and she worked 37.5 hours each week. The Complainant referred a complaint to the Workplace Relations Commission on 20th October 2017 alleging the Respondent had breached the Payment of Wages Act in relation to payment of €2820.00 in respect of wages due to be paid to her on 30th September 2017.

The Complainant stated that she had not been paid her monthly wages of €2820.00 due to be paid to her on 30th September 2017. The Complainant confirmed at the Hearing that she had in fact been paid these wages on 24th October 2017. The Complainant stated that she had been paid her October and November 2017 wages on time but was not paid her December wages until 31st January 2018 and she confirmed she had been paid for January 2-018 but had not been paid for 2 days in February 2018.

The Respondent stated there had been difficulties with cash flow in the Company but that all the employees, including the Complainant had been paid all wages due. The Respondent confirmed the Complainant had been made redundant on 6th March 2018. The Respondent also stated that the Complainant had been paid an extra 5 days wages to compensate for the late payment of wages.

On the basis of the evidence from both Parties it was confirmed that the Complainant had not been paid her wages on the due dates. This complaint was submitted to the WRC on 20th October 2017 in relation to the payment of wages due on 30th September 2017 which had not been paid on the date the complaint was lodged with the WRC on 20th October 2014. I do not have jurisdiction to deal with any issues raised after the 20th October 2017 although I am aware of the fact that the late payment of wages persisted after the lodging of this complaint. Both Parties confirmed at the Hearing that the Complainant was to be paid her wages on a monthly basis and both Parties confirmed that the wages due on 30th September 2017 had not been paid until 24th October 2017.

Section 5(6) of the Payment of Wages Act, 1991 – 2015 provides as follows – “Where – (a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with the Act), or (b) none of the wages that are properly payable to the employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion”. Both Parties confirmed to me at the Hearing that the Complainant’s monthly wages of €2820.00 net due to be paid to her on 30th September 2017 had not been paid to the Complainant until 24th October 2017. This is an unlawful deduction as defined by Section 5(6) (b) of the Payment of Wages Act, 1991 – 2015.

I note the Decision of Ms Justice Finley Geoghan in her Decision of Sean Senan Histon v Shannon Foynes Port in which she held “It does not appear to me arguable that a failure to pay the Plaintiff any part of his salary is not a deduction from his salary within the meaning of Section 5 of the Act of 1991”

In accordance with Section 41(5) of the Act of 2015 and in view of my findings above and while acknowledging that the Complainant was eventually paid her wages due, I direct the Respondent to pay the Complainant compensation of €500.00 within 42 days of the date of this Decision.

Late payment of Wages – Section 5(6)(b) of the Act and High Court Decision IEHC 292 relevant – compensation of €500.00 awarded.