ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012218
| Complainant | Respondent |
Anonymised Parties | Operations Manager | Marketing Company |
Representatives | Mark Foley | Patrick Quinn |
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-00016202-001 | 07/12/2017 |
Date of Adjudication Hearing: 13/03/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or 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).
Summary of Complainant’s Case:
The claimant was employed as Operations Manager with the respondent from the 11th Sept. 2017 to the 15th Nov. 2017.The claimant submitted the respondent was in breach of the Act for failing to pay him outstanding wages amounting to €2,653.67 – he was advised on the 13th Nov. 2013 that there was no money in the company to pay wages that were due – the claimant left the company and submitted that he was assured all outstanding wages would be paid. He submitted that he was persistently fobbed off by the respondent and did not accept the excuse that there was no money to pay him. He received one payment of €400 before Christmas 2017 and still awaited the outstanding wages. |
Summary of Respondent’s Case:
The respondent did not dispute the claimant’s contentions regarding the outstanding wages and the amounts owing – he indicated that the respondent company did not have the money but undertook to pay the wages owed over the next month or two on a phased payment arrangement. |
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.
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions that Act.
On the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and require the respondent to pay the claimant €2,653.67 within 4 weeks of the date of this decision. |
Dated: 18th June 2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea