ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013592
Parties:
| Complainant | Respondent |
Anonymised Parties | A video production employee. | A video production company. |
Representatives |
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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-00017768-001 | 05/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017768-002 | 05/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017768-003 | 05/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00017768-004 | 05/03/2018 |
Date of Adjudication Hearing: 25/09/2018
Workplace Relations Commission Adjudication Officer: David Mullis
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 to me by the Director General, I inquired into the complaints 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 worked for the Respondent company from the 11th September 2017 until the 6th March 2018, when his employment was terminated by reason of the business being closed by the Respondent. |
Summary of Complainant’s Case:
The Complainant says he is owed unpaid wages by the Respondent. He says that the total amount due to him is €3,984.04 net. He says that he was promised payment of the full amount due from the Respondent on a number of occasions since the business was closed by the Respondent. He says that the company is not insolvent, as the Respondent decided, on advice, not to declare the business insolvent. |
Summary of Respondent’s Case:
The Respondent agrees with the submission of the Complainant and says he is endeavouring to gather in monies owed to the company and will pay what is due to the Complainant, when this is achieved. In response to questions from me he advised that there were now sufficient funds in the company account to pay the monies due, but that he needed to check with his accountant if these funds could be used for this purpose. He agreed that if we adjourned the hearing to Monday the 1st October 2018 that he would then be in a position to advise as to when the monies due to the Complainant, would be paid to him. We therefore adjourned the hearing on this basis.
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Findings and Conclusions:
The hearing reconvened on the 1st October 2018 and the Respondent confirmed that he would pay the wages monies due to the Complainant and others on or before the 5th October 2018. I have been advised since that he has reneged on this commitment. It is clear and agreed between the parties that the monies referred are owed to the Complainant and indeed the list of amounts due, including the Complainants amount due, was compiled by the Respondent. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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 the Act.
I find for the complainant and I say that the Respondent must pay the total amount due to the Complainant - €3,984.04. |
Dated: 14th January 2019
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words:
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