Complainant

Respondent

Anonymised Parties

Accommodation Administrator

Student Accommodation Provider

Act

Complaint Reference No.

Date of Receipt

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

CA-00015322-001

25/10/2017

The Complainant started her employment with the Respondent on the 11th August 2017 as an Accommodation Administrator. It was agreed that she would be paid €623.07 gross weekly (€32,400 a year) and work approximately 30 hours. She resigned her position with immediate effect on the 9th October 2017. She claims that she has not received monies due to her for the full period of employment. The Respondent did not attend the hearing. On the morning of the hearing the WRC received an email from the Respondent claiming that he was not in a fit state mentally or physically to attend the hearing. The Respondent undertook to provide evidence confirming that he was unfit to attend the hearing. A considerable period of time has elapsed after the hearing before issuing this decision, allowing for the Respondent to contact the WRC. However, as of the date of this decision no evidence was forthcoming in support of the Respondent statement in respect of ill health.

The Complainant submits that she began working for the Respondent on the 11th August 2017 and has not received any wages to date. The total amount owed to her that she has been made aware of is €3215.55 (net). She was made aware by the Respondent that first installment of wages was transferred on the 1st September 2017. The Respondent was informed on weekly basis that she had not received this payment. Subsequently, the Respondent put the Complainant in contact with his payroll operator/solicitor Ms B to solve this issue directly. Ms B stated on the 21st September 2017 that all monies owed to date should appear in the Complainant’s account in the next day or two. When the money still was not visible in the Complainant’s account, she was then told the IBAN had been entered into Respondent’s system incorrectly (27th September 2017). This issue was supposed to be resolved on 27th September 2017 when the Complainant was once again assured that the issues with the Respondent’s bank account had been corrected and the money should appear in her account within 5 working days at most. This payment was for one month of work. The other subsequent two weeks of work were also said to have been approved and transferred as well as a €300 bonus. The Complainant’s own bank have assured her that her account is in working order. The Complainant terminated her contract on 9th October 2017 with written notice, making both the Respondent and Ms B aware that the Complainant would be taking this issue to the WRC should she not be paid in due course. As of the date of submitting the claim to the WRC, 25th October 2017 the Complainant has still received no wages, despite once again being told that the stated amount of €3215.55 had been issued to be transferred to the Complainant’s account once again upon receipt of her resignation. The Complainant submits that she has not received payslips, despite requesting them and she cannot be sure of how this figure is exactly calculated. She has also not received a proper copy of her contract of employment. The salary in the contract (a picture of the contract taken by the Complainant on her phone) stating the amount as €32,400 per annum. The Complainant submits that she is unsure if the amount of €3215.55 is inclusive of holiday pay but she was told that it includes a €300 bonus approved by the Respondent (copy of email confirming this statement received at the hearing).

There was no attendance by the Respondent or on its behalf at the hearing date of 11th January 2017 as detailed aforesaid.

The evidence provided by the Complainant is not controverted by the Respondent. The Complainant provided detailed email exchange with the Respondent regarding what was owed to her. The Respondent repeatedly promised that the outstanding money would be paid to her. It was not paid to the Complainant and this caused loss and inconvenience to the Complainant. The Complainant relied on loans to cover her bills and university fees. I find that the claim is well-founded. Section 6 of the Payment of Wages Act 1991 allows latitude for an award of up to twice the outstanding amount if it exceeds the net wages payable in the week preceding the deduction. I consider it reasonable to exercise such latitude in this particular case given the wholly unsatisfactory manner in which the Respondent has failed to discharge same. I therefore consider it reasonable in these circumstances to award the Complainant compensation in the sum of €5,000 net.

Based on the uncontested evidence I find that the complaint made pursuant to the Payment of Wages Act, 1991 is well-founded and the Respondent shall pay to the Complainant €5,000 net within 42 days of the date of this decision.

Non-payment of wages, non-attendance