ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016753
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Restaurant |
Representatives | Self-represented | No appearance. |
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-00021761-001 | 11/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021762-001 | 11/09/2018 |
Date of Adjudication Hearing: 05/12/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 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).
It was agreed that CA-00021762-001 was a duplicate of CA-00021761-001 and was withdrawn.
Background:
The issues in contention concern a Chef and a claim for Unpai Wages and Holiday Pay from a Restaurant. |
1: Summary of Complainant’s Case:
The Respondent Employer closed without notice on the 22nd July 2018. At this date the Complainant was due €5,428.70 in Wages and € 1,307 in Holiday pay. In supporting evidence, the Complainant produced pay slips and copies of “bounced” cheques. |
2: Summary of Respondent’s Case:
Did not appear. I was satisfied that proper notice of the Hearing had been served on all parties. |
3: Findings and Conclusions:
In oral evidence I found the Complainant to be credible. Taken with his supporting documentation I, on the balance of probability, found in his favour. It was clear that he had made a number of efforts to contact the Respondent and secure payment but to no avail. Accordingly, under Section 6 of the Payment of Wages Act, 1991 I award the total sum of € 6,735.90 as recompense for unpaid wages (€5,428.70) and Unpaid Holiday Pay (€ 1,307.20) |
Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act,1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Act | Complaint/Dispute Reference No. | Summary Decision / Please refer to Section Three above for detailed reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021761-001 | Claim is well founded. An award of a total of € 6,735.90 in respect of unpaid Holiday Pay (€ 1,307.20) and unpaid Wages of (€5,428.70) is made in favour of the Complainant. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021762-001 | Duplicate and was withdrawn. |
The question of the Taxation of this award to be considered in conjunction with advice from the Revenue Commissioners. |
Dated: 18-02-2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
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