ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00012337
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-00016311-001 | 14/12/2017 |
Date of Adjudication Hearing: 13/04/2018
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.
Both the Complainant and Respondent in this case were notified of the date, venue and time of the hearing some 1 month in advance of the hearing. The Complainant appeared as scheduled and the Respondent failed to attend. Efforts were made by the Case Officer to contact the Respondent by telephone, all such efforts were unsuccessful.
Background:
The Complainant in this case was employed by the Respondent on 11th October 2016. At the end of November 2017, the Complaint’s salary was not paid to her. Efforts made by the Complainant to receive her salary were unsuccessful. |
Summary of Complainant’s Case:
Salaries are normally paid on the last working day of each month. In November 2017 the Complaint’s salary should have been in the bank on 30th November 2017, it was not. On Monday 4th December the Complainant received the sum of €600, normal nett pay is €1,985.00 per month. On 15th December 2017 the Complainant received another €100 and a further sum of €100 on 18th December 2017. On 6th December the Complainant and the one remaining employee were informed that the business could pay them no more and effectively the business was closing. The Complainant is owed an outstanding salary amount of €1185.05 from November, one weeks’ salary from December = €560 plus one weeks’ notice = €560. There is also a balance of €153.44 due for untaken annual leave. Total amount due is €2,458.44. |
Summary of Respondent’s Case:
The Respondent did not attend at hearing. |
Findings and Conclusions:
The Claimant is owed €2,458.44 in outstanding wages, outstanding holiday entitlement and notice. |
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 €2,458.44. Such sum to be paid within 20 days from the date of this decision. |
Dated: 18/05/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages. |