ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012961
Parties:
| Complainant | Respondent |
Anonymised Parties | A Software Engineer | 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-00017097-001 | 26/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-002 | 26/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-003 | 26/01/2018 |
Date of Adjudication Hearing: 19/04/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with 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 dispute concerns alleged Unpaid Salary due to a former employee of the Respondent Company. |
1: Summary of Complainant’s Case:
| ||
Act | Complaint/Dispute Reference No. | Summary complaint |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-001 | Unpaid Salary November 2017 €,5416.67
|
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-002 | Unpaid Salary December 2017 €,5416.67
|
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-003 | Unpaid Salary January 2018 €4,075 And Unpaid Holidays of €1,449.79 |
2: Summary of Respondent’s Case:
The figures presented were not contested. The company is a Software House and was seeking new investor funding to allow it to develop. It was hoped that the unpaid wages/salary liabilities could be discharged as soon as funding became available. |
3: Findings and Conclusions:
The evidence was not contested by the Respondent’s CEO who attended the hearing in person. He pointed to the strenuous efforts being made to secure new investor funding. The Complainant requested a formal legal Adjudication decision on the matter and this is set out below. |
4: Decision:
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 that Act.
The decisions are set out below in keeping with the individual Complaint numbers.
Act | Complaint/Dispute Reference No. | Formal Decision |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-001 Unpaid Salary November 2017 €,5416.67 | Salary of € 5,416.67 to be paid to the Complainant |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-002 Unpaid Salary December 2017 €,5416.67 | Salary of € 5,416.67 to be paid to Complainant |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017097-003 Unpaid Salary January 2018 €4,075 And Unpaid Holidays of €1,449.79 | Salary of € 4,076 plus outstanding Holidays of €1,449.79 to be paid to Complainant |
Dated: 31st July 2018.
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
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