ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024308
Parties:
| Complainant | Respondent |
Anonymised Parties | Senior Software Developer | Technology Company |
Representatives | Self |
|
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-00031037-001 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031037-002 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031037-003 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031037-004 | 20/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031037-005 | 20/09/2019 |
Date of Adjudication Hearing: 06/11/2019
Workplace Relations Commission Adjudication Officer: Maria Kelly
Procedure:
The complainant referred complaints to the Workplace Relations Commission on 20 September 2019. The complaints were scheduled for hearing on 06 November 2019. At the time the adjudication hearing was scheduled to begin there was no appearance by or on behalf of the respondent. I checked that the respondent was on notice at its registered address of the time, date and venue of the adjudication hearing. I allowed some time before commencing the hearing in case that the respondent had been delayed. As I was satisfied that notice of the adjudication hearing had been sent to the respondent’s registered address I proceeded with the hearing in the absence of the respondent.
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant was employed as a senior software developer from 05 June 2017 to 23 August 2019. The complainant’s salary was €50,000.00 per annum. Her complaints are that she was not paid on five dates when she was due salary payments. |
Summary of Complainant’s Case:
The complainant commenced working for the respondent in June 2017. She was issued with a full-time permanent contract commencing on 01 September 2017. Her annual salary was €50,000.00. She was paid monthly in arrears, €4166.67 gross per month. She did not received payment for the month of March 2018. She reminded her employer of this missed payment at the end of the year, December 2018, but did not receive payment. In 2019 payments were made for the months of January, February, March and April. The complainant received part payment for the month of May 2019 and was not paid for June, July and August 2019. She resigned on 23 August 2019. She requested the outstanding payments from the respondent, but the payments were not made so she submitted her complaints to the Workplace Relations Commission on 20 September 2019. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and did not make submissions to contradict the claims. |
Findings and Conclusions:
The complainant gave a clear account of the outstanding monies due to her and her attempts to obtain payment from the respondent. Following the adjudication hearing she submitted a copy of her contract of employment, payslips and bank statements. Her evidence has not been contradicted. I find as fact that she did not receive the payments due to her. Four of the payments were due to be made within the six months prior to the date the complaint was received by the Workplace Relations Commission and I have jurisdiction to deal with those complaints. The fifth complaint concerns an outstanding payment from March 2018, over twelve months before the date the complaint was received by the Workplace Relation Commission. As the fifth complaint was made outside the time permitted for complaints under the Payment of Wages Act, I do not have jurisdiction to deal with that complaint. CA-00031037-001 – Based on the uncontested evidence of the complainant I am satisfied the complaint is well founded. I award the complainant €3260.28 for August 2019. CA-00031037-002 – Based on the uncontested evidence of the complainant I am satisfied the complaint is well founded. I award the complainant €4166.67 for July 2019. CA-00031037-003 – Based on the uncontested evidence of the complainant I am satisfied the complaint is well founded. I award the complainant €4166.67 for June 2019. CA-00031037-004 – Based on the uncontested evidence of the complainant I am satisfied the complaint is well founded. I award the complainant €2666.67 for May 2019. CA-00031037-005 – This complaint concerning non-payment for March 2018 was made outside the time limit for complaints under the Payment of Wages Act and I find it is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00031037-001 – I find the complaint pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant €3260.28. CA-00031073 -002 – I find the complaint pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant €4166.67. CA-00031037-003 – I find the complaint pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant €4166.67. CA-00031037-004 – I find the complaint pursuant to the Payment of Wages Act is well founded and the respondent shall pay to the complainant €2666.67. CA-00031037-005 – I find the complaint was made outside the time limit for complaints under the Payment of Wages Act. The complaint is not well founded. |
Dated: 11th December 2019
Workplace Relations Commission Adjudication Officer: Maria Kelly
Key Words:
Payment of Wages Act. No appearance |