ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00022604

Parties:

	Complainant	Respondent
Anonymised Parties	A Coach Driver	A Bus 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-00029226-001	20/06/2019

Date of Adjudication Hearing: 09/10/2019

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 Complainant was employed on a casual basis as a Coach Driver and was not paid a number of weeks pay.

Summary of Complainant’s Case:

The Complainant was employed as a part time Coach Driver.

The Respondent often was late making payments due.

The Complainant had no contract of employment.

The Complainant was not paid the following wages properly due to him;

DATE DUE AMOUNT (EUROS)

23/11/18 811.88

7/12/18 675.55

4/1/19 554.73

18/1/19 622.93

1/2/19 507.53

15/2/19 480.13

1/3/19 585.93

15/3/19 541.64

The Complainant received wage slips for the above amounts but was not paid the amount.

Summary of Respondent’s Case:

The Respondent arrived at the Hearing after it had concluded and the Complainant and his Representative had left. The Respondent apologised for being late. He advised he had been in an accident some months ago that affected his ability to walk. He accepted that some monies were due to the Complainant but he was in financial difficulties and was trying to make payments to Drivers as he could.

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 5 of the Payment of Wages Act 1991 prohibits an Employer from making deductions from wages properly due. I award the Complainant the sum of 4,780.32 Euros.

Dated: 12.12.19

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Payment of Wages