ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00018941

Parties:

	Complainant	Respondent
Anonymised Parties	A Restaurant / Café Worker	A Café/Coffee Shop Restaurant

Representatives

Self-represented

Did not attend /No representation

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-00024444-001	23/12/2018

Date of Adjudication Hearing: 30/04/2019

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, 1991 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).

Name of Respondent

At the Hearing the Complainant added “and or Dublin” to the name of the Respondent employer.

Background:

The issues in contention concern the alleged non-payment of a final week’s wages to a Café Worker by her former employer.

1: Summary of Complainant’s Case:

The Complainant commenced employment on the 1^st February 2018 and left with effect from the 4^th November 2018. She had given notice but has not received her last week’s pay – amounting to €319.19 Euro.

The Complainant gave oral evidence which I took to be trustworthy. I questioned her thoroughly on the case and her evidence.

2: Summary of Respondent’s Case:

I was happy that the Respondent had been properly notified but failed to attend the hearing.

3: Findings and Conclusions:

On the basis of the Complainant’s uncontested evidence and her probative manner I award, under the Payment of Wages Act,1991, the sum of €319.93 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 under Schedule 6 of that Act.

Act

Complaint/Dispute Reference No.

Summary Decision / Please refer to Section Three above for detailed reasoning.

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00024444-001

A sum of €319.63 is awarded to the Complainant.

Taxation to be considered in conjunction with the Revenue Commissioners.

Dated: 16^th August 2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

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