ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00023921
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | Software Company |
Representatives | Complainant | No attendance |
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-00030576-001 | 30/08/2019 |
Date of Adjudication Hearing: 10/10/2019
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) 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 commenced employment with the Respondent on 3rd February 2019. He was employed as a software development engineer. His basic pay was €6,250 per month gross. The Complainant was not paid for two months and did not receive any holiday pay. He terminated his employment as a result of this. The Complainant submitted his complaint to the Workplace Relations Commission on 30th August 2019. The Respondent did not attend the hearing. |
Summary of Complainant’s Case:
The Complainant worked for the Respondent from 3rd February 2019 until 31st August 2019. He was paid on the last working day of each month. He was due to receive payment on 31st July 2019 and received a text message from the HR manager at the Respondent company on 31st July 2019 saying that the company was waiting for an investment to be lodged into their account and that the Complainant would only be paid €1,500 “at the moment”. The HR manager said he hoped to have the remainder of the salary paid by “Monday at the latest”. A series of text messages were exchanged, and the Complainant provided copies of these at the hearing. These continued throughout the following month at which time the Complainant decided to leave the company and requested holiday pay. The Complainant was e mailed his pay slips and details of the holiday pay due. Based on the details provided the Complainant is due €10,188.43 nett. The Complainant also believes that his Revenue Record submitted by the Respondent is not accurate and and he has been unable to have this matter rectified and as a result his current employer is unable to process his correct taxation. |
Summary of Respondent’s Case:
There was no appearance on behalf of the Respondent. I note the correspondence on file which was issued notifying the Respondent in relation to the date, time and venue of the hearing and find that their non-attendance without any explanation to be unreasonable in the circumstances. |
Findings and Conclusions:
I am satisfied that the Complainant worked for the Respondent during the dates outlined in the complaint form and in the three pay slips submitted at the hearing. I find that the Complainant is a credible witness and based on his uncontested evidence I find that he did not receive his full payment in July 2019. He is owed €2,629.06 I find that the claimant received no payment in August 2019, and he is owed €4,129.06. I also find that the Complainant did not receive holiday payment and is owed €3,430.31 |
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.
The complaint is well founded, and I order the Respondent to pay the Complainant the sum of €10,188.43 |
Dated: 27th November 2019
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Wages. Holiday pay. |