ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019038
Parties:
| Complainant | Respondent |
Anonymised Parties | A Financial Advisor | A Financial Consulting Company |
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-00024674-001 | 31/12/2018 |
Date of Adjudication Hearing: 11/03/2019
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, 1991following 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).
Background:
The issues in contention concern an alleged non-payment of salary/wages due to a Financial Advisor by a Financial Consulting Company. |
1: Summary of Complainant’s Case:
The Employment commenced on the 9th July 2018 and ended on the 20th November 2018. During this period no Salary or Wages, Holiday pay or end of Employment Notice was paid. |
2: Summary of Respondent’s Case:
Did not attend Hearing and no evidence was proffered. I was satisfied that proper Notice of the Hearing had been served on the CRO Address of the Company. The CRO Address Records were checked. |
3: Findings and Conclusions:
The Complainant attended and produced documentary evidence of his Contract of Employment. Clause 60 of which states that it is “construed in accordance with and governed by the laws of Ireland.” Accordingly, I was satisfied that, under the Payment of Wages Act,1991, the sum of € 11,250 (inclusive of €937 Holiday Pay) was due to the Complainant. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991requires 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-00024674-001 | The sum of € 11,250 is awarded under Section 6 of the Payment of Wages Act, 1991tothe Complainant. |
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Dated: 29.4.19
Workplace Relations Commission Adjudication Officer: Michael McEntee
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