ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014451
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-00018786-001 | 27/04/2018 |
Date of Adjudication Hearing: 22/10/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 claimant was employed by the respondent in 2015 after being head hunted.
It was submitted that while the respondent paid his drivers €500 per week he agreed to pay the claimant €550 if he (claimant) worked for him.
The extra payment of €50 was withdrawn from the claimant on the 2nd March 2017.
The claimant made it known to the respondent that he was not agreeable to this deduction. The matter was referred to the Workplace relations CommissionsADJ-00008559/Ca 00011254 under the Industrial Relations Act.
The complaint was heard on the 11th May 2017 and a recommendation was issued on the 17th November 2017 that the respondent pay the claimant the sum of €1000.
It was submitted by the union there was no appeal to this recommendation by the respondent. It was stated that the claimant made various attempts to secure payment without success.
The union was now submitting the payment €1000 under the payment of wages act as defined under the act as an “emolument”
The Respondent submitted that the complaint could not be pursued under the payment of wages Act as recommendations under the said act not enforceable
Findings.
I find there is no dispute between the parties on the recommendation adj-00008559
I find that the Payment of Wages Act 1991 defines
“wages”, in relation to an employee, means any sums payable to the employee by the employer about his employment, including—
(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise,
I find the amount of €1000 is an emolument and is due to the claimant.
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 to be well founded and I award the claimant €1000gross.
Dated: 22/01/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell