ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016549
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-00021498-001 | 31/08/2018 |
Date of Adjudication Hearing: 31/10/2018
Workplace Relations Commission Adjudication Officer: Roger McGrath
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 commenced employment with the Respondent on 29 July 2017. Her employment ended on 30 March 2018. She was paid €2,500 gross per month. She lodged a complaint with the WRC on 31 August 2018.
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Summary of Complainant’s Case:
The Complainant submitted that she was told on 14th March 2018 that she was not going to receive any pay for the month. The complainant left the Respondent's employment and started work on 30th March 2018. After she left she was promised by the Respondent agreed to pay the money she was owed but by up 31st October no money has been forthcoming. The Complainant stated that she is owed €2,776.92 by the Respondent.
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Summary of Respondent’s Case:
The Respondent did not attend the hearing.
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Findings and Conclusions:
Section 5 of the Act states: Regulation of certain deductions made and payments received by employers. 5.— (1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— ( a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, ( b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or ( c) in the case of a deduction, the employee has given his prior consent in writing to it.
On the uncontested evidence of the Complainant I find the Respondent is in breach of the Act
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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.
I find the complaint well founded and order the Respondent to pay the Complainant €2,776.92.
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Dated: 20/02/2019
Workplace Relations Commission Adjudication Officer: Roger McGrath