ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013248
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | A media 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-00017006-001 | 24/01/2018 |
Date of Adjudication Hearing: 24/07/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 offered the position of Commercial Director and commenced employment on 23rd October 2017, the Respondent company was registered as a limited company on 31st October 2017. The Complainant’s salary was agreed at €55k per annum for the first month, €60k per annum for the second month and €65k per month from the third month and thereafter. When the first pay day came around the Complainant was informed by the Respondent Managing Director that there was no money to pay his salary and that he, the Managing Director, would try to find a solution. This never happened and the Complainant felt that his position became untenable, he left employment on 29/11/2017 and since this time has made attempts to contact the Respondent Managing Director without success. The Complainant states that he is owed €6,110 in unpaid wages and a further €450 in accrued holiday pay.
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Summary of Complainant’s Case:
The Complainant was offered the position of Commercial Director and commenced employment on 23rd October 2017, the Respondent company was registered as a limited company on 31st October 2017. The Complainant’s salary was agreed at €55k per annum for the first month, €60k per annum for the second month and €65k per month from the third month and thereafter. When the first pay day came around the Complainant was informed by the Respondent Managing Director that there was no money to pay his salary and that he, the Managing Director, would try to find a solution. This never happened and the Complainant felt that his position became untenable, he left employment on 29/11/2017 and since this time has made attempts to contact the Respondent Managing Director without success. The Complainant states that he is owed €6,110 in unpaid wages and a further €450 in accrued holiday pay.
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Summary of Respondent’s Case:
The Respondent failed to attend the hearing as scheduled and also failed to contact the Workplace Relations Commission offering any explanation in relation to his non-attendance. |
Findings and Conclusions:
I found the Complainant to be very credible and deem his complaint to be well found. |
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 order the Respondent to pay the Complainant the sum of €6,560 for unpaid wages and holiday pay. This payment should be paid within 42 days of the date of this decision. |
Dated: 31st July 2018.
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act. |