ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00013533

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-00018192-001	27/03/2018

Date of Adjudication Hearing: 31/05/2018

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 is a self-employed chiropractor who commenced business in the Respondent’s premises in September 2011.

The business relationship terminated in March 2018 with the Complainant being owed €3,100.

The Complainant lodged a complaint with the Workplace Relations Commission (WRC) ON 27TH March 2018 under the Payment of Wages Act, 1991 looking for the outstanding monies owed to him.

Summary of Complainant’s Case:

The Complainant was interviewed for the position in a Chiropractic & Wellness centre and agreed to work 3 days per week.

In relation to remuneration it was agreed that he would, on foot of submitting invoices, be entitled to 50% of all revenue generated from his services. The Respondent provided the premises and took all the calls for bookings etc.

The Complainant was never issued with a wage slip and paid his own taxes and national insurance.

Summary of Respondent’s Case:

The Respondent did not attend the hearing. All correspondence notifying the Respondent of the complaint and arrangements for the hearing were sent in a timely fashion.

Findings and Conclusions:

From what the Complainant has told me and by his own admission he is self – employed and therefore I have no jurisdiction to hear the case.

I believe the matter of the payment of outstanding monies is a matter for the civil/ commercial courts and not for the Workplace Relations Commission.

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.

Not having jurisdiction to hear the case it must fail under the Payment of Wages Act, 1991.

Dated: 26/09/2018

Workplace Relations Commission Adjudication Officer: Jim Dolan