ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016576
Parties:
| Complainant | Respondent |
Anonymised Parties | A Senior Software Developer | An IT firm |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021549-001 | 04/09/2018 |
Date of Adjudication Hearing: 05/12/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
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.
At the time the adjudication was scheduled to commence, it was apparent that the respondent was not in attendance. I verified that the respondent was on notice of the time, date and venue of the adjudication. Having taken this step, I proceeded with the adjudication in the absence of the respondent.
Background:
The complainant seeks outstanding wages arising from his employment; the respondent has not opposed the claim. |
Summary of Complainant’s Case:
The complainant outlined that his employment with the respondent commenced on the 8th October 2007 and that he was paid €8,333 per month. He received partial payment in January 2018 and no payment at all for February and March 2018. He worked part-time in April and June 2018. He met with the respondent CEO who promised to make good on the payments due. The complainant followed up on this promise and left it as long as he could before obtaining another role or making this complaint. He was owed a total amount of €35,569.79. The complainant declined the respondent’s offer in August 2018 to return to the respondent and then began another role. The respondent issued him with a P45 following the end of his employment. |
Summary of Respondent’s Case:
The respondent has not opposed the claim. |
Findings and Conclusions:
The complainant has established his entitlement to recover unpaid wages due to him for monies properly payable from his contract of employment. I find that the complainant is entitled to redress in the stated amount of €35,569.79. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00021549-001 I find that the complaint made pursuant to the Payment of Wages Act is well-founded and the complainant is entitled to redress of €35,569.79, less any deductions made in accordance with law. |
Dated: January 18th 2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act |