ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014640
| Complainant | Respondent |
Anonymised Parties | A Video Production Employee | A Video Production Company |
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-00019104-001 | 11/05/2018 |
Date of Adjudication Hearing: 25/09/2018
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant worked for the Respondent Company in the production of videos, until the Respondent closed the business on the 12th March 2018. Salary or pay in lieu of notice has not been paid by the Respondent. The business is not insolvent. |
Summary of Complainant’s Case:
The Complainant says he is has not been paid wages due. He also claims that he has not been paid his Statutory Pay in lieu of notice. He claims that he is due a total of €2,709.90 net, – of which €2,405.04 net, is wages and €1304.86 net, is pay in lieu of notice due. He says he was promised payment of the full amounts due, by the Respondent, on a number of occasions since the business was closed. To date €1,000 has been paid, leaving the above net amounts outstanding. He says that the company is not insolvent as the Respondent says he was advised not to declare the business insolvent. He says the above amounts owed were produced by the Respondent and are not disputed. |
Summary of Respondent’s Case:
The Respondent says that he agrees with the Complainant’s submission and is endeavouring to gather in monies owed to the company and will pay the Complainant when this is achieved. In response to questions from me he advised that there was now enough money in the company’s bank account to pay the monies due to the Complainant, but that he needed to check with the company’s accountant as to whether these funds were now available for the purpose of paying monies due to the Complainant. He agreed that if we adjourned the hearing until Monday the 1st October 2018 that he would be in a position on that day to say when the monies due would be paid. |
Findings and Conclusions:
We resumed the hearing on Monday the 1st October 2018 and the Respondent confirmed that he would pay the monies due to the Complainant on or before Friday the 5th October 2018. I have been advised by the Complainant that the Respondent defaulted on this commitment. It is clear that the monies are due per the list of monies due, compiled by the Respondent, as due to employees from the Respondent. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 6 0f the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the Act.
In finding for the Complainant I find that he is entitled to: €2,405.04 net under the terms of the Payment of Wages Act, 1991 and €1,304.86 net under the terms of the Minimum Notice and Terms of Employment Act. |
Dated: 6th November 2018
Workplace Relations Commission Adjudication Officer: David Mullis
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