ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015837
Parties:
| Complainant | Respondent |
Anonymised Parties | A Head Chef | A Pub & Restaurant |
Representatives | Self-Represented | No appearance. |
Complaint:
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-00019951-001 | 22/06/2018 |
Date of Adjudication Hearing: 02/10/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act and Section 6 of the Payment of Wages Act, 1991 following the referral of the complaint / dispute to me by the Director General, I inquired into the complaint / dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint / dispute.
Time Limits
The employment ended on the 30th of June 2017. The claim was lodged with the WRC on the 22nd of June 2018.
I was satisfied with the explanation offered by the Complainant (confusion and cross correspondence with an earlier Redundancy claim and an Workplace Inspection request) and admitted the claim within the 12-month rule.
Background:
The issue concerns alleged outstanding pay due to the Complainant at the time of the closure of the Respondent business. |
1: Summary of Complainant’s Case:
The Complainant offered evidence of being owed the sum of €3,000 comprised of (1) two weeks outstanding wages of €1,200 (2) two weeks’ notice pay €1,200 and (3) holiday pay of €600. |
2: Summary of Respondent’s Case:
No appearance was entered and no rebuttal evidence was advanced. |
3: Findings and Conclusions:
Noting that the Respondent was in receivership by January of 2018 I was satisfied that proper notification had been served on the stated addresses. As no rebuttal evidence was presented and the Complaint appeared credible in his evidence I found in his favour. Under Section 6 of the Payment of Wages Act, 1991 the claim is deemed to be well founded and the sum of €3,000 is awarded to the Complainant. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint / dispute in accordance with the relevant redress provisions of the cited Acts.
Act | Complaint/Dispute Reference No. | Summary decision/Please refer to Section Three above for detailed reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019951-001 | Claim is well founded. An award of € 3,000 is made in favour of the Complainant. |
Dated: 21 November 2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
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