ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00018640
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Rep | Fuel Provider |
Representatives | The claimant represented himself | 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-00023939-001 | 10/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00023939-002 | 10/12/2018 |
Date of Adjudication Hearing: 05/02/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 6 of the Payment of Wages Act 1991 and 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 Sales Rep. with the respondent from the 18.08.18 to the 28.09.18. He submitted the respondent was in breach of the Payment of Wages Act 1991 for failing to pay him outstanding wages amounting to €1,023. He was paid 2 weeks in arrears and was not paid for his final 2 weeks in employment. The claimant further submitted that the respondent was in breach of the Organisation of Working Time Act 1997 for failing to pay the claimant his holiday pay of €280.21 on termination of employment. |
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 am upholding the complaint and require the respondent to pay the claimant €1,023 compensation within 6 weeks of the date of this decision.
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 am upholding the complaint and require the respondent to pay the claimant €280.21 for outstanding holidays and €100 compensation for this breach of the Act. Payment to be made within 6 weeks of the date of this decision.
Dated: 10th April 2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea