ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019805
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operator | A Packaging Company |
Representatives | Self Represented | Not present |
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-00026048-001 | 05/02/2019 |
Date of Adjudication Hearing: 24/06/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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).
Background:
The Complainat was seeking the payment of unpaid wages. |
Summary of Complainant’s Case:
The Complainant was employed as a General Operative from September 13th 2006 to September 7th 2018. He earned 382 Euros gross per week for a 40 hour week. He was told by his employer that the business was slowing down and they could not pay him. He was due 2,213.82 Euros pay for 6 weeks work in August and September 2018 but was only paid a 1,000 Euros. He is seeking payment of 1,213.82 Euros in unpaid wages. |
Summary of Respondent’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on February 5th 2019 alleging that his former employer contravened the provisions of the Payment of Wages Act 1991 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on June 24th 2019. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present 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.
Based on the uncontested evidence of the Complainant I find that the Respondent is in breach of Section 5 of the 1991 Payment of Wages Act by making a deduction of wages due to the Complainant without the Complainants consent and I award the Complainant 1,213.82 Euros. |
Dated: 06/08/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unpaid Wages |