ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00024547
Parties:
| Complainant | Respondent |
Anonymised Parties | A software engineer | An IT Solutions 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-00031190-001 | 30/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031190-002 | 30/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031190-003 | 30/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031190-004 | 30/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031190-005 | 30/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031190-006 | 30/09/2019 |
Date of Adjudication Hearing: 26/11/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
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(s) 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 is an Indian national, employed by the Respondent on critical skills stamp 1 work visa, he is a qualified software engineer and commenced employment with the Respondent on 5th June 2017. His employment ended on 20th September 2019. This complaint was received by the Workplace Relations Commission on 30th September 2019. |
Summary of Complainant’s Case:
The Complainant contends that he was not paid his salary for several months and has six complaints under section 6 of the Payment of Wages Act, 1991. The outstanding wages are for the following months: CA – 00031190 – 001. Representing wages earned but not paid from 01/09/2019 to 20/09/2019 – value €2043.73 CA – 00031190 – 002. Representing wages earned but not paid for the month of August 2019 – value €3065.60 CA – 00031190 – 003. Representing wages earned but not paid for the month of July 2019 – value €3065.60 CA – 00031190 – 004. Representing wages earned but not paid for the month of June 2019 – value €3065.60 CA – 00031190 – 005. Representing wages earned but not paid for the month of May 2019 – value €1565.60 CA – 00031190 – 006. Representing wages earned but not paid for the month of March 2018 – value €2065.60.
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Summary of Respondent’s Case:
The Respondent or a representative for the Respondent did not attend the hearing of this complaint. I am satisfied that the Respondent was notified of the day, time and place for the hearing and failed to attend. |
Findings and Conclusions:
The Payment of Wages Act (Section 6 subsection 4) reads as follows: A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where the right commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable. I cannot consider the outstanding wages from March 2018, the complaint referenced CA – 00031190 – 006 therefore is not well founded. CA – 00031190 – 001. Representing wages earned but not paid from 01/09/2019 to 20/09/2019 – value €2043.73 This complaint is well founded and I now order the Respondent to make a nett payment of €2043.73 to the Complainant. CA – 00031190 – 002. Representing wages earned but not paid for the month of August 2019 – value €3065.60 This complaint is well founded and I now order the Respondent to make a nett payment of €3065.60 to the Complainant. CA – 00031190 – 003. Representing wages earned but not paid for the month of July 2019 – value €3065.60 This complaint is well founded and I now order the Respondent to make a nett payment of €3065.60 to the Complainant. CA – 00031190 – 004. Representing wages earned but not paid for the month of June 2019 – value €3065.60 This complaint is well founded and I now order the Respondent to make a nett payment of €3065.60 to the Complainant. CA – 00031190 – 005. Representing wages earned but not paid for the month of May 2019 – value €1565.60 This complaint is well founded and I now order the Respondent to make a nett payment of €1565.60 to the Complainant.
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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 order the Respondent to make a total nett payment to the Complainant of €12,806.13. This payment should be made within 42 days from the date of this decision. |
Dated: 16/12/19
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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