ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015446
Parties:
| Complainant | Respondent |
Anonymised Parties | A Receptionist & Sales Assistant | A Shop Owner |
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-00020078-001 | 28/06/2018 |
Date of Adjudication Hearing: 17/10/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 following the referral of the complaint / dispute 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 / dispute.
The Respondent did not attend the hearing. I was satisfied that proper notice had been served to the last known Dublin / Dun Laoghaire trading address and place of employment of the Complainant.
The Complainant, at the date of the Hearing, furnished a related Business address in Cobh, Co. Cork for the Respondent. However, as there was no indication or return of mail from the Dublin address as is normally issued by an Post in a situation of non-delivery, I was happy that notice of proceedings had been properly served.
Background:
The issue concerns a Receptionist/ Sales Assistant and an alleged failure to pay wages due to her. |
1: Summary of Complainant’s Case:
The Complainant was employed on a 20 hour per week basis from 15/11/2017 to the 31/01/2018. She was not paid and is now due the sum of €773.00 in outstanding wages. She had been placed in the Employment by the Employment service of INTERO. |
2: Summary of Respondent’s Case:
Did not attend the hearing and no evidence given. |
3: Findings and Conclusions:
The Complainant attended the oral Hearing and gave credible evidence. The Respondent failed to attend despite adequate notice. I deem the claim to be well founded and award the sum of €773, under Section 6 of the Payment of Wages Act, 1991 to the Complainant. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Act | Complaint/Dispute Reference No. | Summary Decision /Please refer to Section Three above for reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00020078-001 | Claim is well founded. An award of € 773 is made in favour of the Complainant. |
Dated: April 29th 2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
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