ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024500
Parties:
| Complainant | Respondent |
Anonymised Parties | Communications & Project Planner | Employer |
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-00031177-001 | 27/09/2019 |
Date of Adjudication Hearing: 01/11/2019
Workplace Relations Commission Adjudication Officer: Maria Kelly
Procedure:
The complainant referred a complaint to the Workplace Relations Commission on 27 September 2019. The complaint was scheduled for adjudication on 01 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 of the time, date and venue of the adjudication hearing. I allowed some time before commencing the hearing in the event the respondent had been delayed. I was satisfied that notice of the claim and the hearing had been sent to the registered address of the respondent and I therefore 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 complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed from 13 March to 02 May 2019. His annual salary was €25,000.00. The complainant described his role as Communications and Project Planner. He resigned on 02 May 2019. The complainant claims he was not paid for his last two working days and for two and a half days annual leave. |
Summary of Complainant’s Case:
By email dated 27 February 2019 the complainant was offered a role with the employer at a salary of €25,000.00 per annum. The job title was to be discussed when he started work. The complainant described himself as a Communications and Project Planner. He was not issued with a written contract of employment. The complainant commenced work on 13 March 2019. He was paid €1,153.84 gross for 12 days in March and €2,083.33 gross for the month of April 2019. He was very unhappy in the job and described the whole experience as difficult. He gave verbal notice of his resignation on 09 April 2019. His employer asked him to let him know if he changed his mind about resigning. He did not change his mind and his last working day was 02 May 2019. The complainant submitted a time sheet for the month of May 2019 showing work days on 01 and 02 May and holidays on 07 and 08 May. He sent the time sheet to E, another employee, who confirmed to him that she had passed it to the relevant accounts’ person. He expected to receive payment at the end of May, but no payment was made to his bank account. As no payment had been received he contacted his employer. The complainant was asked to resubmit his time sheet for May, which he did. No payment was received at the end of June. When he contacted his employer in early July he received a reply that his details had been sent to accounts and a reply was awaited. Later in July the complaint’s employer sent a reply message that this would not be resolved soon but said he would be back on this. The complainant sent an email to his employer on 12 September 2019 again requesting payment for two days worked in May 2019 and for his outstanding annual leave days. The total amount was €432.70. He did not receive a reply to his email request. He noted that he was still registered with Revenue as employed with the company. The complainant submitted a print out from ROS.ie the Revenue site recording Gross Pay of €576.92 on pay date 31/05/2019. He also presented a copy of his bank statement that showed the payments received for March and April 2019 but no payment for May 2019. The complainant claims payment in the amount of €192.31 for days worked and €240.39 for annual leave due, in total €432.70. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and did not make submissions to contradict the claim. |
Findings and Conclusions:
The complainant gave a clear account of his claim and he was a credible witness. He produced copies of his bank account which showed that he had received payments for the March and April and a copy of his time sheet for May 2019. The only payments from his employer shown on the bank statements were for March and April 2019. I requested copies of the complainant’s payslips and as he did not have them with him at the hearing I asked him to submit them to the WRC within a week. His payslips were on his work email and he was unsure if he would be able to obtain copies. Following the hearing the complainant submitted copies of a print out from ROS.IE showing the gross payments dated 29/03/2019 and 30/04/2019. Based on the uncontested evidence of the complainant I am satisfied that the complaint is well founded. I award the complainant €432.70. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the compliant pursuant to the Payment of Wages Act is well founded. I award the complainant €432.70. |
Dated: 13th December 2019
Workplace Relations Commission Adjudication Officer: Maria Kelly
Key Words:
Payment of Wages Act No appearance, respondent |