ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017927
Parties:
| Complainant | Respondent |
Anonymised Parties | A security guard | A provider of security services |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00023145-001 | 09/11/2018 |
Date of Adjudication Hearing: 02/01/2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On 9 November 2018, the complainant referred a complaint to the Workplace Relations Commission. The complaint was scheduled for adjudication on 2 January 2019. At the time the adjudication was scheduled to commence, there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice at its registered address of the time, date and venue of the adjudication. Having verified this, I proceeded with the adjudication in the absence of the respondent.
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.
Summary of Complainant’s Case:
The complainant started employment with the respondent on 18 September 2017 and in June 2018, she was given one day’s notice that her role was coming to an end. She was last paid for May 2018, but this was only paid on 6 July 2018 (a payment of €1,984.12).
On 31 July 2018, the complainant was sent a pay slip for €1,342.22 net and this states that she was owed €227 for hours worked and €1,112.30 for annual leave. The complainant never received this payment. The respondent was very rude when she sought to raise this non-payment and never gave an explanation. She was also not paid notice pay. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication and did not make submissions to contradict the claim. |
Findings and Conclusions:
The complainant gave a cogent account of the ending of her employment and the respondent’s failure to pay the outstanding monies due to her. She was not paid notice pay. Her evidence has not been contradicted. While a pay slip issued, stating that €1,342.22 was remitted to her, I find as fact that these monies were not paid and remain outstanding. I find that this is a contravention of the Act. I direct that the complainant be paid this amount. Moreover, pursuant to section 6(1)(b) of the Act, it is fair and reasonable to award an additional €500 to compensate the complainant for the contravention of the Act. I also find as fact that the complainant is entitled to one week of notice pay, i.e. €567.50. I, therefore, award the complainant redress of €2,409.72 (the sum of the outstanding wages and holiday pay of €1,342.22, compensation of €500 and notice pay of €567.50). |
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.
CA-00023145-001 I find that the complaint pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant redress €2,409.72. |
Dated: 29th April 2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act / section 6(1)(b) |