ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00016606
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | An employer |
Representatives | Self | Did not attend. |
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-00021579-001 | 05/09/2018 |
Date of Adjudication Hearing: 10/10/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
The complainant worked with the Respondent company 7th June 2018 until 12th July 2018 as a cleaner. His rate of pay was €10.50 per hour. When the Complainant left employment he alleges that his final pay and accrued holiday pay were not paid to him. The complaint was received by the Workplace Relations Commission (WRC) on 5th September 2018.
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Summary of Complainant’s Case:
The Complainant worked for the Respondent for a total of six weeks from 7th June 2018 until 12th July 2018. Payment was made weekly in arrears. It is alleged that the Respondent company failed to pay the final two weeks wages and the Complainant has still to receive holiday entitlement accrued during his six weeks of employment. The Complainant received a total of four weeks’ pay during his period of employment. These payments were for weeks 24,25, 26 and 27. The dates of lodgements into the Complainants bank account do not correspond with the dates payslips were issued. In relation to dates for payments the Complainant informs that he received the following: Payment 1 – paid on 27/06/2018 – amount €63.75 Payment 2 – paid on 29/06/2018 – amount €248.70 Payment 3 – paid on 06/07/2018 – amount €69.35 Payment 4 – paid on 13/07/2018 – amount €260.28 There were no payments paid in week 28 for hours worked in week beginning 02/07/2018 or week 29 for hours worked in week beginning 09/07/2018. The Complainant maintains that he worked five full days in the former week and 4 full days in the latter week. The Complainant maintains that he has tried on numerous occasions to resolve the matter, telephoned the Respondent and written representations have been made on his behalf all to no avail. The Complainant maintains that he is owed outstanding wages of €661.50 and holiday pay of €117.00.
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Summary of Respondent’s Case:
The Respondent did not attend the hearing. Correspondence dated 18/09/2018 was sent outlining details of the hearing i.e. date, time and venue. The Respondent did not contact the WRC offering any explanation for their non-attendance. |
Findings and Conclusions:
From the uncontested evidence adduced at the hearing I have no option but to accept the facts outlined by the Complainant. I now order the Respondent to pay the amounts shown to the Complainant: Wages €661.50 Holiday pay €117.00 Total €778.50 Payment should be made to the Complainant within 42 days of the date of this Decision. |
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.
As outlined above. |
Dated: 27th November 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages. |