Complainant

Respondent

Anonymised Parties

An Employee

An Employer (In Liquidation)

Representatives

Self

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-00009120-001

17/01/2017

The complainant commenced employment with the respondent on the 03.02.2014 as an accountant. He worked on a part time basis.

In January, 2016 he was not paid. He was not again in February, March, April, May June, July or August of that year. He continuously made enquires in relation to his pay. The respondent continuously stated that he would be paid and to wait a little longer. In October, after he had resigned he received an e-mail stating:

“Also, please set out the basic details of the salary that you say you are owed, and

I will also deal with this. Can you please let me know by return:

- if you have access to any Wilson Moore bank accounts

- if you have any WM equipment and/or documents that would need to be

returned to the company. If you have any query on this matter please let me know. I would prefer that we communicate by e-mail, so that we have a proper record.”

He forwarded all the relevant information to the respondent but he still wasn’t paid.

When it became apparent that the respondent had no intention of paying the complainant, he filed his claim with the WRC.

He is owed € 6240.00 net. That figure is confirmed in the respondent’s statement of affairs dated 7th February, 2017.

No Appearance. The liquidator, by e-mail, notified the Workplace Relation Commission that he would not be in attendance.

Payment of Wages Act, 1991

5.—(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless

(a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,

(b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or

(c) in the case of a deduction, the employee has given his prior consent in writing to it.

(2) An employer shall not make a deduction from the wages of an employee in respect of

(a) any act or omission of the employee, or

(b) any goods or services supplied to or provided for the employee by the employer the supply or provision of which is necessary to the employment,

unless—

(i) the deduction is required or authorised to be made by virtue of a term (whether express or implied and, if express, whether oral or in writing) of the contract of employment made between the employer and the employee, and

(ii) the deduction is of an amount that is fair and reasonable having regard to all the circumstances (including the amount of the wages of the employee), and  

(iii) before the time of the act or omission or the provision of the goods or services, the employee has been furnished with—

(I) in case the term referred to in subparagraph (i) is in writing, a copy thereof,

(II) in any other case, notice in writing of the existence and effect of the term,

and

(iv) in case the deduction is in respect of an act or omission of the employee, the employee has been furnished, at least one week before the making of the deduction, with particulars in writing of the act or omission and the amount of the deduction, and

(v) in case the deduction is in respect of compensation for loss or damage sustained by the employer as a result of an act or omission of the employee, the deduction is of an amount not exceeding the amount of the loss or the cost of the damage, and

(vi) in case the deduction is in respect of goods or services supplied or provided as aforesaid, the deduction is ofan amount not exceeding the cost to the employer of the goods or services, and

(vii) the deduction or, if the total amount payable to the employer by the employee in respect of the act or omission or the goods or services is to be so paid by means of more than one deduction from the wages of the employee, the first such deduction is made not later than 6 months after the act or omission becomes known to the employer or, as the case may be, after the provision of the goods or services.

The respondent in the February, 2017 statement of affairs concedes that it owes the complainant € 6,240.00 net. I am satisfied based on the oral and documentary evidence of the complainant that the respondent breached Section 5 of the act. According, I award the complainant the sum of € 6,240.00