ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015026
Parties:
| Complainant | Respondent |
Anonymised Parties | Manager | Hotel |
Representatives |
|
|
Complaint
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-00019537-001 | 01/06/2018 |
Date of Adjudication Hearing: 29/08/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 was employed from 11th May 2013 until his employment terminated on 23rd May 2018 when the Company went into liquidation. The Complainant was paid £1000.00 gross per week and he worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 1st June 2018 alleging the Respondent had breached the Payment of Wages Act, 1991 – 2015.
SUMMARY OF COMPLAINANT’S POSITION.
The Complainant was provided with a written statement of his Terms and Conditions of Employment – copy provided to the Hearing. He stated that he was paid his wages due on 5th January 2018 but then did not receive any wages from the Respondent until May 2018 when he was paid 3 weeks wages of £3000.00 gross by the Liquidator appointed to the Respondent Company. He is claiming payment of 17 weeks wages due and not paid to him from January to May 2018. I was provided with payslips to verify this.
SUMMARY OF RESPONDENT’S POSITION.
The Respondent did not attend the scheduled Hearing.
FINDINGS AND CONCLUSIONS.
On the basis of the evidence provided by the Complainant, including correspondence from the named Respondent, I find the Complainant is entitled to payment of 17 weeks wages due and not paid.
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 and on 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 17 weeks wages due and not paid of £17,000, subject to any lawful deductions, within 42 days of the date of this Decision
Dated: September 4th 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Payment of Wages – Company in Liquidation – 17 weeks wages unpaid. |