ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017234
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Construction Company |
Complaint
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-00022262-001 | 30/09/2018 |
Date of Adjudication Hearing: 11/12/2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 as a General Operative from 6th August 2018 until 7th September 2018. He was paid €20.00 an hour and he stated he worked a back week. He referred a complaint to the Workplace Relations Commission on 30th September 2018 alleging breach of the Payment of Wages Act in relation to non- payment of outstanding wages.
The Respondent did not attend the scheduled Hearing.
SUMMARY OF COMPLAINANT’S POSITION.
The Complainant stated that he did not receive his last week’s wages dating from 27/31 August 2018. He stated he worked 49.5 hours at €20.00 an hour. He stated he was paid every two weeks and on 14/9/2018 he was paid €296.40 but there was 5 days short in his wages. He stated he was in contact with the Respondent by email and the Respondent and these exchange of emails were verified at the Hearing by the Adjudication Officer. The Complainant also provided evidence to the Hearing that paid for the 5 week duration of this employment.
SUMMARY OF RESPONDENT’S POSITION.
The Respondent did not attend the scheduled Hearing.
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.
The Respondent did not attend the scheduled Hearing. I have verified that the Respondent was duly notified of the Hearing. On the4 uncontested evidence of the Complainant and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant €990.00 subject to any lawful deductions within 42 days of the date of this Decision.
Dated: 6.2.2019
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Payment of Wages – Breach of Section 5 of the Act – Complainant well founded. Respondent directed to pay Complainant €990.00 gross within 42 days of the date of this Decision. |