ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015005
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Manager | A Public House |
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-00019530-001 | 31/05/2018 |
Date of Adjudication Hearing: 12/10/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered during the hearing.
The Complainant herein has referred the following complaint:
A complaint of a contravention of Section 5 of the Payment of Wages Act, 1991, that is, a Complaint of an unlawful deduction having been made from the Employee’s wage. Pursuant to Section 6 of the said 1991 Act, in circumstances where the Adjudicator finds that the complaint of a contravention of Section 5 aforesaid, is deemed to be well founded, then the Adjudicator can direct that the employer pay to the employee an amount which is subject to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991.
Section 5 of the Payment of Wages Act, 1991 sets out the instances wherein deductions can and cannot be made. Section 5 (1) states that an employer shall not make a deduction from an employee unless the deduction is required by Statute or Instrument, the deduction is required by the Contract of employment, the employee has given his prior consent in writing.
Section 5 (2) The employer shall not make a deduction in respect of any Act or omission of the employee.
In a preliminary way, I am satisfied a Contractual relationship of employment existed between the Complainant and the Respondent such that a wage defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment.
Background:
The Complainant was engaged as a General Manager with the Respondent company in and around June of 2017. The relationship ended in and around September of 2017 when the Respondent owner terminated the employment. |
Summary of Complainant’s Case:
The Complainant provided me with a number of payslips, which demonstrated that the Complainant was on a weekly salary of in and around €1,153.00 per week. The Complainant’s salary was paid in full up to the 22nd of September 2017. The Complainant was provided with a final payslip dated the 29th of September 2017 but the payment therein was never lodged into his nominated Bank Account. The Complainant was therefore not paid any part of the last Gross payment of €3,634.00 which was due to him. The Complainant explained that the sum included one week salary and one week of Notice together with a number of days holiday pay. The Complainant gave evidence that he was due a further three days of holiday pay. I found the Complainant to be a credible witness. |
Summary of Respondent’s Case:
Nobody turned up to the hearing to represent the Respondent. I am satisfied that the Respondent name and address was on the Adjudication file and that the Respondent was notified of the proposed hearing date on the 11th of September 2018. The Complainant’s evidence was therefore unchallenged. |
Findings and Conclusions:
I am satisfied that the Complainant has made out his case in full. The Complainant lodged his Complaint within 12 months of the termination of Employment and reasonable cause is established herein. The complaint herein is deemed to be well founded. |
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.
Having regard to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991, I direct that the employer pay to the employee an amount of €4,000.00. |
Dated: October 16th 2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Key Words:
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