ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013859
Parties:
| Complainant | Respondent |
Anonymised Parties | Ground Worker | Construction Company |
Representatives | Fiona Conroy Cavan Citizens Information Service | The respondent did not attend and was not represented at the hearing |
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-00018277-001 | 04/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018277-002 | 04/04/2018 |
Date of Adjudication Hearing: 21/11/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 6 of the Payment of Wages Act and/or Section 27 of the Organisation of Working Time Act 1997 ] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The claimant was employed as a Ground Worker with the respondent from the 16.09.16 to the 10.11.2017.The claimant was employed in a full time capacity by the respondent – his employment was terminated on the 10th.Nov. 2017 owing to ongoing cash flow problems. The company is in liquidation and the Liquidator is Copsey Murray.It was submitted that the respondent was in breach of the Payment of Wages Act 1991 for failing to pay the claimant outstanding wages of €7,339.00 and notice of €1,400.It was further submitted that the respondent was in breach of the Organisation of Working Time Act 1997 for failing to pay him his outstanding annual leave entitlement amounting to €1,610.00 |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
[Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant I find the complaint to be well founded and require the respondent to pay the claimant €7,339.00 compensation for outstanding wages and €1,076.00 for notice owed.
Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant I find the complaint to be well founded and require the respondent to pay the claimant €1610.00 for outstanding holiday pay
Dated: 29/04/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea