ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013586
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Accommodation and Food Service Provider |
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-00017807-001 | 07/03/2018 |
Date of Adjudication Hearing: 27/11/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or 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).
Summary of Complainant’s Case:
The claimant was employed as a General Assistant with the respondent from the 23.10.2017 – 3.01.2018.It was submitted that the claimant was in receipt of disability allowance and was entitled to engage in rehabilitative employment under that scheme.He registered with a local supported employment organisation and through them secured part time employment with the respondent.The claimant received a contract of employment specifying 21 hours a week over 3 days on the National Minimum Wage.It was submitted that the respondent was in breach of the Act for failing to pay him outstanding wages of €1,543.05 over the period of his employment.He received sporadic payments initially without payslips and it was submitted that the P45 records issued were inaccurate and did not accurately reflect the entire shortfall in wages. |
Summary of Respondent’s Case:
While the did not attend and was not represented at the hearing , an unknown party delivered a note at the hearing stating that “ Manus McGroddy is not Pink Garlic see over “ with an attachment from CRO – the CRO document stated that Pink Garlic Limited was dissolved on the 2.05.2018 |
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.
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
AS the CRO has confirmed that the respondent company was dissolved on the 2nd.May 2018 , I have no jurisdiction to issue a decision on this complaint. |
Dated: 31/01/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea