ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00015051
Parties:
| Complainant | Respondent |
Anonymised Parties | Front of house worker | A brasserie |
Representatives | Self | Owner |
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-00019436-001 | 26/05/2018 |
Date of Adjudication Hearing: 26/09/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 as a Front of House / Kitchen Staff at the Respondent’s brasserie and had commenced employment on 02nd August 2017 and worked on average 20 hours per week. Due to financial difficulties the brasserie closed in or about 18th February 2018. The Complainant did not receive his final salary or payment for his accrued holiday entitlement. The complaint was lodged with the Workplace Relations Commission on 26th May 2018. |
Summary of Complainant’s Case:
Final pay and payment for accrued holiday entitlement was not payed to the Complainant. Final pay = €162.35 Payment for accrued holiday entitlement = €355.32 Total = €517.67 |
Summary of Respondent’s Case:
The facts as presented by the Complainant are not disputed by the Respondent. The business was in operation for five years but ran into financial difficulties early this year. The Respondent is currently in the process of putting the business into liquidation. |
Findings and Conclusions:
When the Respondent receives payment from the current brasserie operator for some assets left behind in the business she has promised that she will pay the Complainant all outstanding monies. This is expected in the next two / three weeks. The Respondent is ordered to pay to the Complainant the sum of €517.67 within 42 days from 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: October 2nd 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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