ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014929
Parties:
| Complainant | Respondent |
Anonymised Parties | A video production employee. | A video production company. |
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-00019027-001 | 08/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019027-002 | 08/05/2018 |
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 39 of the Redundancy Payments Acts 1967 - 2014 and Section 6 0f the Payment of Wages Act, 1991following the referral of the complaints 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 complaints.
Background:
The Complainant worked for the Respondent company from the 11 September 2017 until the business was closed by the Respondent on the 6th March 2018. |
Summary of Complainant’s Case:
The Complainant says that he is owed unpaid wages by the Respondent. He says that the total amount due to him is €5,133.47 net. He says that he was promised payment of the full amount due from the Respondent on a number of occasions since the business closed. He says that the company is not insolvent, as the Respondent decided, on advice, not to declare insolvency. |
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 so he can pay the Complainant and others, and will do so when the required funds are collected. In response to questions from me he advised that there were now sufficient funds in the company’s account to pay what is due, but he had to take advice from the company accountants on whether these funds could be used for that purpose. He agreed that if we adjourned the hearing to Monday the 1st October he would then be in a position to confirm when the monies due to the Complainant would be paid to him. |
Findings and Conclusions:
We resumed the hearing on Monday the 1st October 2018 and the Respondent confirmed that he would now pay the monies due to the Complainant and others on or before the 5th October 2018. I have been advised that the Respondent has since reneged on this promise. It is clear and agreed between the parties that the monies are due and indeed the list of amounts due, including the Claimant’s, were drawn up 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 that Act.
I find for the Complainant and I say that the total amount of wages monies due of €5,133.47 net, must be paid by the Respondent to the Complainant. |
Dated: 09/01/19
Workplace Relations Commission Adjudication Officer: David Mullis