Complainant

Respondent

Anonymised Parties

Software Developer

Employer

Representatives

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-00017487-001

17/02/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00017487-002

17/02/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00017487-003

17/02/2018

The Complainant is seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act 1991 and has submitted that the Respondent Company has not paid the Complainant or paid less than the amount due and these monies were due on the 29th September 2017.

The Complainant is seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act 1991 and has submitted that the Respondent Company has not paid the Complainant or paid less than the amount due and these monies were due on the 27th October 2017.

The Complainant is seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act 1991 and has submitted that the Respondent Company has not paid the Complainant or paid less than the amount due and these monies were due on the 16th November 2017.

In the circumstances of this matter, the Complainant was employed as a software developer on the 22nd May 2017. The Complainant was paid €2083.33 gross per month (€1813.29 net) and worked 39 hours per week.

The Complainant had worked for the Respondent Company on a part time basis from January 2017 and became full time in in May of 2017. However, in the course of his employment it emerged that the Respondent Company had lost its major investor, was experiencing financial difficulties and unable to pay the Complainant.

The Complainant tolerated this situation for a period of time but ultimately, under financial pressure himself, informed the CEO of the Respondent Company by email dated the 15th November 2017 that due to breach of contract and non payment of wages he was terminating his employment effective immediately. The Complainant indicated he required his P45 and the monies that were due and owing.

The CEO of the Respondent Company replied on the 16th November 2017 that the Company was expecting financial investment a few months back which has been delayed by a number of months. Further, the CEO indicated that the Respondent Company is trying everything in its power to secure this investment as quickly as possible to stabilise the financial position and its their intention to gradually pay off back pay due to everybody once this investment is secured but unfortunately there is currently no money to pay the Complainant his wages. Ultimately, the Complainant received his P45 on the 21st November 2017.

The Complainant secured full time employment on or about the 16th January 2018.

The Respondent Company was informed of the nature of the complaint (received by the WRC on the 17th February 2018) on the 15th March 2018. Further, the Respondent Company were informed of the date of the hearing of this matter on the 5th April 2018

Accordingly, it is noted at the outset of this hearing that there was no appearance by or on behalf of the Respondent, a Registered Limited Company. The Respondent had not made any application for an adjournment or otherwise engaged with the WRC.

In the circumstances of this matter, I have carefully listened to the evidence tendered in the hearing. The Complainant provided me with a copy of his contract of employment, bank statements, payslips, email correspondence and his P45 and I have had an opportunity to review same.

In consideration of this matter, it is a fundamental of any Employment Contract that the Employees remuneration will be paid in full and on time per the agreement reached in the Contractual relationship.

Sec 1(1) of the Payment of Wages Act, 1991 defines wages as “any sum payable to the employee by the employer in connection with his employment”. I note that in the case Sullivan v Department of Education [1998] E.L.R. 217 the Tribunal took the word payable to mean ‘properly’ payable, i.e. all sums to which an employee is properly entitled.

The claims herein relates to breaches of the Payment of Wages Act and, and in consideration of the above, I am satisfied that the Complainant’s claims are well founded.

In relation to Complaint CA-00017487-001 and   pursuant to Section 6 of the Payment of Wages Act 1991 I direct the employer to pay to the employee, compensation in the amount of €1,563.00.

In relation to Complaint CA-00017487-002 and   Pursuant to Section 6 of the Payment of Wages Act 1991 I direct the employer to pay to the employee, compensation in the amount of €1,813.29.

In relation to Complaint CA-00017487-003 and   Pursuant to Section 6 of the Payment of Wages Act 1991 I direct the employer to pay to the employee, compensation in the amount of   €967.00.

For the avoidance of doubt, I direct the employer to pay to the employee, compensation in the total amount of €4,343.29

Payment of Wages