ADJ-00013583

ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00013583

Parties:

 Complaint:

 Date of Adjudication Hearing: 03/07/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 has been employed with the Respondent Company from 3rd January 2018 until the employment terminated on 19th March 2018. The Complainant was paid £37,800.00 per annum. She was provided with a written statement of her Terms and Conditions of Employment. The Complainant referred a complaint to the Workplace Relations Commission on 6th March 2018 alleging a breach by the Respondent of Section 5 of the Payment of Wages Act, 1991 – 2015.

 SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated she commenced employment on 3rd January 2018 as Leadership Development Manager. Contract of Employment provided to the Hearing. She had a meeting with the Respondent on 5th February 2018 after which she received an email from a named Manager terminating her employment effective from 19th March 2018 and she was placed on Gardening Leave for a 6 week period and to receive her normal salary payments for the period. Email dated 5th February 2018 provided to the Hearing. She received her P45 but with a termination date of 13/3/2018 rather than 19/3/3018 as per the Employers email of 5th February 2018. Copy of P45 presented to the Hearing.

The Complainant is claiming payment of accrued annual leave due and not paid on termination of employment of £131.00 The Complainant is also claiming payment of £420.00 being the difference of wages paid and wages that should have been paid up to 19/3/2018. The Complainant raised both issues with the Respondent – evidence of emails provided to the Hearing sent between the Complainant and the Respondent in which the Respondent advises the Accountant was away for a number of weeks but would be discussed on his return. The Complainant stated she never received wages and accrued annual leave owing to her.

 SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 3rd July 2018.

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.

On the basis of the evidence, the uncontested evidence of the Complainant and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant –

Accrued annual leave due and not paid on termination of the employment of £131.00 and wages due and not paid of £420.00, subject to any lawful deductions, within 42 days of the date of this Decision.

Dated:   September 19th 2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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