ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017688

Parties:

Complaint(s):

Date of Adjudication Hearing: 01/02/2019

Workplace Relations Commission Adjudication Officer: Caroline McEnery

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 commenced employment with the Respondent on 18 June 2018. The Complainant’s last date of employment with the company was 29 September 2018. She claims that she did not get paid all monies due to her.

Summary of Complainant’s Case:

The Complainant had an issue with the co-owner of the restaurant who was a 50% shareholder. The Complainant reported this co-owner to the guards for bullying as he had banged the table on one occasion. The Complainant states that the restaurant became quieter in September and some bills were not being paid. The Complainant states that some staff were also not being paid as the Respondent stated that he did not have the money. The Complainant states that the Respondent also got into trouble with suppliers who were promised payment.

The Complainant states she was going on holidays to Edinburgh and requested her wages. The Respondent promised the Complainant that wages would be paid before her holidays. The Complainant did not receive the wages. Considering this the Complainant feels that the Respondent breached her trust and treated her very badly.

The Complainant states that she is due four weeks wages and holidays totalling €2952.69 nett per her payslips.

The Complainant states that payslips were done but she did not receive the money and the Respondent confirmed this via a signed typed letter for the Department of Social Protection. This also confirms that there was outstanding payment due to the employee for her annual leave entitlement. The Respondent provided the Complainant with a copy of the letter and payslips which were received from the accountant for social welfare.

The Complainant states that the Respondent never got the payment into her bank account and it was usually always in cash. The Complainant states that she also did not receive a contract of employment.

The Complainant issued a letter to the Respondent on 8th October2018 stating that she would not take a claim if she did receive full pay.

The Complainant did not receive a reply to this letter.

Summary of Respondent’s Case:

The Respondent did not attend the hearing. I confirmed that the company received written correspondence of the hearing details.

Findings and Conclusions:

I have considered all information and evidence presented to me in conjunction with legislation and case law in reaching a finding. There are two key issues here. The Complainant did not receive a contract of employment from the Respondent. The Complaint was at a loss as she did not receive a month’s wages and holidays that she was due.

The Complainant had issued a letter to the Respondent stating that she would not take a claim if she received payment however no response was received.

The Complainant provided evidence of the payments that she was due by showing the Adjudicator a copy of the letter that was signed by her employer for social welfare which clearly states that Respondent

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, the Payment of Wages Act, 1991, and the Terms of Employment Act 1994

The claim is well founded based on the evidence presented and failure on behalf of the Respondent to attend the hearing and give any evidence that stated otherwise.

In relation to the terms and conditions claim in line with Section 7 of the Terms of Employment (Information) Act 1994, I make the following decision:

Terms and Conditions of Employment: The Complainant states that he did not receive a statement in writing regarding his terms and conditions of employment. The Award for is 4 weeks’ pay which amounts to €2,400 Gross value in this case.

The Payment of Wages Act: In relation to the Pay claim in line with section 6 of the Payment of Wages Act 1991, I make the following decision;The Complainant states that she did not receive 5 weeks wages and outstanding annual leave as per payslips that the Complainant showed the Adjudicator on the day of the hearing as well as a letter that was signed by the Respondent to social welfare to reflect this. The award is €3,000 (5 weeks gross wages) and €1000 compensation.

Dated:   29th April 2019

Workplace Relations Commission Adjudication Officer: Caroline McEnery

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